In Re: Engle Cases
Plaintiff: 4432 Individual Tobacco Plaintiffs
Defendant: Various Tobacco Companies, Liggett Group LLC, Vector Group Ltd., Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company and The Wilner Firm, P.A.
In Re: Engle Cases
Special Master: Michael J. Dewberry, U.S. Attorney A. Lee Bentley, III and Acting U.S. Attorney W. Stephen Muldrow
Interested Party: Lieff Cabraser Heimann & Bernstein, LLP, Farah & Farah, P.A. and Motley Rice LLC
Not Classified By Court: Stephen C. Sawicki, Mediator Michael G. Tanner, John S. Freud and Terrance M. White
Case Number: 3:2009cv10000
Filed: November 22, 2009
Court: US District Court for the Middle District of Florida
Office: Jacksonville Office
County: Duval
Presiding Judge: Joel B Toomey
Referring Judge: William G Young
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2021 Opinion or Order Filing 2270 NOTICE of Filing Seventh Quarterly Status Report in Compliance with #2238 Order by The Florida Bar Foundation (filed per Chambers) (JDR)
December 23, 2020 Opinion or Order Filing 2269 NOTICE of Filing Sixth Quarterly Status Report in Compliance with #2238 Order by The Florida Bar Foundation (filed per Chambers). (JDR)
September 28, 2020 Opinion or Order Filing 2268 ENDORSED ORDER: The Court intends to release a copy of Doc. 2170 to the Florida Bar, per their request. The parties shall have ten (10) days to file an objection to this order, or the copy will be provided without further notice. Signed by Judge Roy B. Dalton, Jr. on 9/28/2020. (BIA)
July 27, 2020 Opinion or Order Filing 2267 NOTICE of Non-Objection by Farah & Farah, P.A. re 2266 Order no pdf (Korn, Michael) (Modified docket text on 7/28/2020) (KEM).
July 16, 2020 Opinion or Order Filing 2266 ENDORSED ORDER: The Court intends to release a copy of Doc. 2147 to the Florida Bar, per their request. The parties shall have ten (10) days to file an objection to this order, or the copy will be provided without further notice. Signed by Judge Roy B. Dalton, Jr. on 7/16/2020. (BIA)
June 29, 2020 Opinion or Order Filing 2265 NOTICE of Filing Fifth Quarterly Status Report in Compliance with #2238 Order by The Florida Bar Foundation (filed per Chambers). (JSG)
April 22, 2020 Opinion or Order Filing 2264 NOTICE of Filing Fourth Quarterly Status Report in Compliance with #2238 Order by The Florida Bar Foundation (filed per Chambers). (JSG)
March 23, 2020 Opinion or Order Filing 2263 NOTICE of Filing Privilege Log and Compliance With re 2260 Order by The Wilner Firm, P.A. (Attachments: #1 Exhibit A)(Carlisle, John) Modified to edit text on 3/24/2020 (KKH).
March 6, 2020 Opinion or Order Filing 2262 ENDORSED ORDER granting The Wilner Firm's unopposed #2261 Motion for Extension of Time to File Privilege Log. The privilege log is due no later than March 23, 2020. Signed by Magistrate Judge Joel B. Toomey on 3/6/2020. (JHC)
March 5, 2020 Opinion or Order Filing 2261 MOTION for Extension of Time to File Privilege Log by The Wilner Firm, P.A.. (Carlisle, John)
February 4, 2020 Opinion or Order Filing 2260 ENDORSED ORDER regarding redactions, directing counsel for The Wilner Firm to submit a privilege log, no later than March 9, 2020, identifying each item redacted and the reason therefor. Counsel should use Motley Rice, LLC's previous privilege log, [2224-1] and [2224-2] as a model. The Wilner Firm's #2255 Motion for Extension of Time is granted insofar as The Wilner Firm's submission of proposed redactions is deemed timely filed. Signed by Judge William G. Young on 2/4/2020. (EES)
February 3, 2020 Opinion or Order Filing 2259 NOTICE of Filing Third Quarterly Status Report in Compliance with #2238 Order by The Florida Bar Foundation (filed per Chambers). (JSG)
December 2, 2019 Opinion or Order Filing 2258 NOTICE by Philip Morris USA, Inc., R.J. Reynolds Tobacco Company OF OBJECTIONS TO THE WILNER FIRM'S ADDITIONAL PROPOSED REDACTIONS (Attachments: #1 Exhibit Defendants' Objections to Individual Redactions, #2 Exhibit Warney & Ziccardy Orders, #3 Exhibit Collected Orders)(Arnold, Keri)
November 11, 2019 Opinion or Order Filing 2257 NOTICE of compliance re #2255 MOTION for Extension of Time to File additional documents and Notice of Partial Compliance with Order [Doc. 2254], 2254 Order on Motion for Leave to File by The Wilner Firm, P.A. (Attachments: #1 Exhibit No. 1 to Special Masters Report, #2 Exhibit No. 2 to Special Masters Report, #3 Exhibit No. 4 to Special Masters Report, #4 Exhibit No. 5 to Special Masters Report, #5 Exhibit No. 6 to Special Masters Report, #6 Exhibit No. 7 to Special Masters Report, #7 Exhibit No. 10 to Special Masters Report, #8 Exhibit No. 12 to Special Masters Report, #9 Exhibit No. 13 to Special Masters Report, #10 Exhibit No. 14 to Special Masters Report, #11 Exhibit No. 15 to Special Masters Report, #12 Exhibit No. 16 to Special Masters Report, #13 Exhibit No. 18 to Special Masters Report, #14 Exhibit No. 19 to Special Masters Report, #15 Exhibit No. 20 to Special Masters Report, #16 Exhibit No. 32 to Special Masters Report, #17 Exhibit No. 33 to Special Masters Report, #18 Exhibit No. 34 to Special Masters Report, #19 Exhibit No. 35 to Special Masters Report, #20 Exhibit No. 36 to Special Masters Report, #21 Exhibit No. 47 to Special Masters Report, #22 Exhibit No. 49 to Special Masters Report, #23 Exhibit No. 50 to Special Masters Report, #24 Exhibit No. 92 to Special Masters Report, #25 Exhibit No. 1 to Joint Response, #26 Exhibit No. 2 to Joint Response, #27 Exhibit No. 3 to Joint Response, #28 Exhibit No. 4 to Joint Response, #29 Exhibit No. 5 to Joint Response, #30 Exhibit No. 8 to Joint Response, #31 Exhibit No. 10 to Joint Response, #32 Exhibit No. 11 to Joint Response, #33 Exhibit No. 12 to Joint Response, #34 Exhibit No. 13 to Joint Response, #35 Exhibit No. 14 to Joint Response, #36 Exhibit No. 15 to Joint Response, #37 Exhibit No. 16 to Joint Response, #38 Exhibit No. 17 to Joint Response, #39 Exhibit No. 18 to Joint Response, #40 Exhibit No. 19 to Joint Response)(Carlisle, John)
November 4, 2019 Opinion or Order Filing 2256 SUPPLEMENT re #2255 MOTION for Extension of Time to File additional documents and Notice of Partial Compliance with Order [Doc. 2254] Certification Statement Pursuant to Local Rule 3.01(g) by The Wilner Firm, P.A.. (Carlisle, John)
October 31, 2019 Opinion or Order Filing 2255 MOTION for Extension of Time to File additional documents and Notice of Partial Compliance with Order [Doc. 2254] by The Wilner Firm, P.A.. (Attachments: #1 Supplement Special Master's Report and Recommendation, #2 Supplement Farah & Farah, P.A., The Wilner Firm, P.A., & Norwood Woody Wilner's Joint Response to the Special Master's Report and Recommendation, #3 Supplement Special Master's Response to the Joint Objections to the Report and Recommendation)(Carlisle, John)
October 10, 2019 Opinion or Order Filing 2254 ENDORSED ORDER provisionally granting #2230 Partially Joint and Partially Unopposed Motion for Relief. The Court will consider whether to unseal additional portions of the record, but in the meantime the Court directs The Wilner Firm, P.A. to submit, in no later than 21 days, an unsealed copy of the Report and Recommendation, Objections, and Response to Objections that contains The Wilner Firm's additional proposed redactions as set forth in Docket Entries 2232, 2232-1, and 2232-2. Defendants' #2245 Motion for Leave to File Supplemental Response in Opposition to Motion for Relief is granted. Any party objecting to the redactions should do so no later than December 2, 2019. Signed by Judge William G. Young on 10/10/2019. (JHC)
October 1, 2019 Opinion or Order Filing 2253 NOTICE of Filing Second Quarterly Status Report in compliance with #2238 Order by The Florida Bar Foundation (filed per Chambers) (Attachments: #1 Exhibit Engle Scoring Averages)(JSG)
July 1, 2019 Opinion or Order Filing 2252 NOTICE of Filing First Quarterly Status Report in compliance with #2238 Order by The Florida Bar Foundation (filed per chambers) (Attachments: #1 Exhibit Engle Grant Application Review Criteria, #2 Exhibit Engle Grant Description, #3 Exhibit 2/6/2019 Order, #4 Exhibit Engle Application, #5 Exhibit Proposed Project Budget, #6 Exhibit Staffing Worksheet, #7 Exhibit News Release).(JSG)
June 19, 2019 Opinion or Order Filing 2251 ENDORSED ORDER granting #2249 unopposed Motion for Substitution of Counsel. Daniel K. Bean is relieved of further responsibility as counsel for The Wilner Firm, P.A., in this case. John A. Carlisle and Rutledge Liles are substituted as counsel therefor. Signed by Magistrate Judge Joel B. Toomey on 6/18/2019. (JHC)
June 17, 2019 Opinion or Order Filing 2250 NOTICE by The Wilner Firm, P.A. re #2249 MOTION to Substitute Attorney is Unopposed (Bean, Daniel)
June 12, 2019 Opinion or Order Filing 2249 MOTION to Substitute Attorney by The Wilner Firm, P.A.. (Bean, Daniel)
April 15, 2019 Opinion or Order Mail returned as Undeliverable re: #2248 Order pdf. (KKH)
March 29, 2019 Opinion or Order Filing 2248 ENDORSED ORDERThis case is before the Court on Carl Grant, Jr.'s pro se "Compliant [sic] Against the Engle Trust Fund Distribution" (Doc. 2237), as well as his subsequent "Motion for Extension of Time" (Doc. 2242) and Motion for Appointment of Pro Bono Counsel (Doc. 2243). Mr. Grant purports to file a complaint against the Engle Trust Fund and several Engle plaintiffs' attorneys - Stanley Rosenblatt, Susan Rosenblatt, Charlie Farah, and Norwood Wilner. While Mr. Grant captions the complaint as being filed in the United States District Court in and for the Middle District of Florida, Mr. Grant's complaint is filed on a Florida Bar Inquiry/ Complaint Form. (Doc. 2237 at 2-5). Thus, it is unclear whether Mr. Grant intended to file a complaint in federal court or to file a complaint with the Florida Bar. Moreover, Mr. Grant filed the complaint and motions on the Engle Master Docket, No. 3:09-cv-10000, which was not created to entertain complaints and motions pertinent to individual cases. Rather, the Court established the Engle Master Docket to "serve as a 'master' case in which the Court and the parties may file papers applicable to all the cases." (Doc. 1 at 3-4) (emphasis added). Thus, if Mr. Grant wishes to file a complaint in this Court, he must open a separate civil case file and either pay the filing fee or take the necessary steps to proceed in forma pauperis.Accordingly, it is hereby ORDERED:1.Carl Grant, Jr.'s "Compliant [sic] Against the Engle Trust Fund Distribution" (Doc. 2237) is DISMISSED WITHOUT PREJUDICE. 2.If Mr. Grant wishes to file a complaint in federal court, he must refile the complaint by opening a new civil case and either paying the filing fee or taking the steps necessary to proceed in forma pauperis. Mr. Grant must comply with all applicable Federal Rules of Civil Procedure and Local Rules. 3.Mr. Grant's Motion for Extension of Time (Doc. 2242) and Motion for Appointment of Pro Bono Counsel (Doc. 2243) are DENIED AS MOOT.4.The Court directs the Clerk not to file any further submissions from Mr. Grant on the Engle Master Docket.SO ORDERED. Signed by Judge William G. Young on 3/29/2019. (EES)
March 19, 2019 Opinion or Order Filing 2247 NOTICE by Farah & Farah, P.A. (Korn, Michael)
March 18, 2019 Opinion or Order Filing 2246 RESPONSE in Opposition re #2245 MOTION for leave to file Supplemental Response to the Wilner Firm's Motion for Relief filed by The Wilner Firm, P.A.. (Bean, Daniel)
March 12, 2019 Opinion or Order Filing 2245 MOTION for leave to file Supplemental Response to the Wilner Firm's Motion for Relief by Philip Morris USA, Inc., R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit Supplemental Response)(Arnold, Keri)
March 6, 2019 Opinion or Order Filing 2244 ENDORSED ORDER granting #2222 motion to appear pro hac vice. Signed by Judge William G. Young on 3/6/2019. (EES)
February 28, 2019 Opinion or Order Filing 2243 NOTICE of filing Complaint by Carl Grant, Jr. (AEJ)
February 21, 2019 Opinion or Order Filing 2242 NOTICE of filing Complaint by Carl Grant, Jr. (AEJ)
February 11, 2019 Opinion or Order Filing 2241 DISBURSEMENT VOUCHER Check number 4030-94714587 in the amount of $3,623,987.26 paid to The Florida Bar Foundation, Inc. per Court's Order #2238 dated 02/06/19. (AIL)
February 11, 2019 Opinion or Order Filing 2240 DISBURSEMENT VOUCHER Check number 4030-94714586 in the amount of $400,000.00 paid to The Florida Bar per Court's Order #2238 dated 02/06/19. (AIL)
February 11, 2019 Opinion or Order Filing 2239 DISBURSEMENT VOUCHER Check number 4030-94714585 in the amount of $435,129.00 paid to U.S. Department of Justice Office of the U.S. Attorney Middle District of Florida per Court's Order #2238 dated 02/06/19. (AIL)
February 6, 2019 Opinion or Order Filing 2238 ENDORSED ORDER "On October 3, 2018, the Court entered an Order Doc. #2234 detailing the proposed distribution of funds which had been levied as sanctions against the Wilner Firm, P.A. and Farah & Farah, P.A. under the Court's July 23, 2018 Order Doc. #2216. The Court gave any party or counsel an opportunity to object to the Court's proposal. Other than the claim received by the U.S. Attorney for reimbursement of fees and expenses incurred in its Special Master role, the Court received no objection or other filing in response. After deliberation, the Court is now prepared to disburse the funds consistent with the proposal set forth in its October 3, 2018 Order. As of February 5, 2019, there resides in the Court's registry $4,457,644.49 (accruing interest daily). The Court orders the Clerk to disburse these funds as follows: 1. $435,129 to the U.S. Attorney for the Middle District of Florida to reimburse the U.S. Attorney for the time and costs expended in her Special Master role during the sanctions litigation. The Court expresses its appreciation to the U.S. Attorney and her assistants who performed this task diligently and admirably. 2. $400,000 to the Florida Bar's Henry Latimer Center for Professionalism which, in conjunction with the Young Lawyers Division of The Florida Bar, will develop and maintain long-term professionalism and ethics programming for Florida law schools, as well as young Florida lawyers. Before implementing this program, the Center for Professionalism and Young Lawyers Division will report to the Court on the proposed content and dissemination of the program and consult with the Court on what role it might play in furthering the goals of the program. Thereafter, the Center for Professionalism and the Young Lawyers Division will file with the Court an annual report on the status of the program. 3. The balance of the funds (including accrued interest), which will be at least $3,622,000, to the Florida Bar Foundation, which will disburse these funds to qualified legal aid organizations in the Middle District of Florida to assist litigants in obtaining representation in court. The Foundation will allocate these funds in rough proportion to the number of Engle cases that emanated from the respective divisions of the Middle District. This means that 60% of the funds must be disbursed to qualified legal aid organizations primarily serving the counties comprising the Jacksonville Division, 22% of the funds to qualified legal aid organizations primarily serving the counties comprising the Orlando and Ocala Divisions, 15% of the funds to qualified legal aid organizations primarily serving the counties comprising the Tampa Division, and 3% of the funds to qualified legal aid organizations primarily serving the counties comprising the Fort Myers Division. The Foundation may retain $75,000 (and any interest that accrues on the funds while in possession of the Foundation) to compensate it for its administration of this program. The Foundation may establish such procedures and criteria necessary to determine how to disburse these funds within the parameters set forth in this paragraph. The Court will play no further role in determining which legal aid organizations receive funds or how much they will receive. However, the Court does expect that the funds will be disbursed as soon as reasonably possible, consistent with proper practices. No later than July 1, 2019, the Foundation will file a status report with the Court and every 90 days thereafter until all funds have been disbursed.The Clerk is instructed to send a copy of this Order and to disburse the funds as provided herein to the addressees listed below.DONE AND ORDERED in Jacksonville, Florida the 6th day of February, 2019. Signed by Judges William G. Young, Timothy J. Corrigan, Marcia Morales Howard, and Roy B. Dalton, Jr. on 2/6/2019. (EES)
December 21, 2018 Opinion or Order Filing 2237 NOTICE of filing Complaint against the Engle Trust fund Distribution Breach of Trust filed by Carl Jr. Grant (SJW)
November 9, 2018 Opinion or Order Filing 2236 NOTICE by Motley Rice LLC of Withdrawal of Counsel (Wise, Mamie)
October 15, 2018 Opinion or Order Filing 2235 RESPONSE re #2234 Order pdf as it relates to attorneys' fees and costs by A. Lee Bentley, III. (Harwell, Lacy)
October 3, 2018 Opinion or Order Filing 2234 ORDERFollowing implementation of the Court's July 23, 2018 Order (Doc. 2216) directing transfer of $4,834,735.69 from the Court's registry to the Federal Engle Tobacco Settlement Fund and terminating the litigation, there remains in the Court's registry (as of September 6, 2018), $4,419,705.98, consisting of the $4,329,668.43 levied as sanctions against the Wilner Firm, P.A. and Farah & Farah, P.A. under the Court's July 23, 2018 Order, plus accrued interest. The Court has now turned its attention to the disposition of these remaining funds. While the Court is not aware of any claims or entitlements to these funds by any party or counsel in this action, in an abundance of caution, the Court has determined to notify the parties and counsel of the Court's proposed distribution of these sanctions funds and to give any party or counsel an opportunity to object.First, the Court is currently discussing with the U.S. Attorney potential reimbursement of the $435,129.12 in attorney time and costs expended in its Special Master role during the sanctions litigation.Second, as well-documented in the Court's sanctions orders (Docs. 2181 and 2216), this case raised troubling issues concerning a lack of professional and ethical conduct by certain counsel. The Court is therefore considering allocating a portion of the sanctions proceeds to Florida Bar or Florida Bar Foundation professionalism and ethics programming. Third, as recounted in the Court's original sanctions order (Doc. 2181), the sanctioned conduct in this case caused delay in access to the courts for other litigants. The Court therefore deems it appropriate that the bulk of the sanctions funds be disbursed to qualified legal aid organizations whose purpose is to increase access to the courts for those who do not otherwise have it. The Court would allocate these resources to legal aid organizations in the Middle District of Florida in rough proportion to the number of Engle cases that emanated from the respective divisions of the Middle District. The Court plans to consult with individuals with relevant expertise in arriving at specific allocations.Any party or counsel that wishes to object to the Court's proposal must do so no later than October 17, 2018. If a party or counsel has no objection, there is no need to respond to this Order.DONE AND ORDERED in Jacksonville, Florida, this 3rd day of October, 2018. Signed by Judges William G. Young, Timothy J. Corrigan, Marcia Morales Howard, and Roy B. Dalton, Jr. on 10/3/2018. (EES)
September 28, 2018 Opinion or Order Filing 2233 RESPONSE in Opposition re #2230 MOTION for miscellaneous relief, specifically from Order dated 9.4.18 filed by Philip Morris USA, Inc., R.J. Reynolds Tobacco Company. (Arnold, Keri)
September 27, 2018 Opinion or Order Sealed Document S-2232 (SJW)
September 24, 2018 Opinion or Order Filing 2231 NOTICE of consent to join by Farah & Farah, P.A. re #2230 MOTION for miscellaneous relief, specifically from Order dated 9.4.18 Notice of Adopting and Incorporating the Motion. (Bean, Daniel)
September 24, 2018 Opinion or Order Filing 2230 MOTION for miscellaneous relief, specifically from Order dated 9.4.18 by Farah & Farah, P.A., Motley Rice LLC, The Wilner Firm, P.A.. (Bean, Daniel)
September 18, 2018 Opinion or Order Filing 2229 NOTICE by 4432 Individual Tobacco Plaintiffs Notice of Transmittal to the Clerk of Court of a Redacted Version of the Special Master's Report & Recommendation and exhibits (Baker, Frederick)
September 5, 2018 Opinion or Order Filing 2228 ENDORSED ORDER - #2221 Motion "Motion allowed save as to the portions of the Report and Recommendation which Motley Rice has particularly specified as privileged. The parties shall prepare a redacted version of the Report and Recommendation which may then be unsealed.". Signed by Judge William G. Young on 9/5/2018. (EES)
August 31, 2018 Opinion or Order Filing 2227 RESPONSE in Opposition re #2221 MOTION for miscellaneous relief, specifically to unseal Special Master's Report & Recommendation Materials filed by Lieff Cabraser Heimann & Bernstein, LLP. (Nelson, Robert)
August 31, 2018 Opinion or Order Filing 2226 RESPONSE to Motion re #2221 MOTION for miscellaneous relief, specifically to unseal Special Master's Report & Recommendation Materials filed by Farah & Farah, P.A.. (Bean, Daniel)
August 31, 2018 Opinion or Order Filing 2225 RESPONSE to Motion re #2221 MOTION for miscellaneous relief, specifically to unseal Special Master's Report & Recommendation Materials filed by The Wilner Firm, P.A.. (Bean, Daniel)
August 30, 2018 Opinion or Order Filing 2224 RESPONSE in Opposition re #2221 MOTION for miscellaneous relief, specifically to unseal Special Master's Report & Recommendation Materials filed by Motley Rice LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baker, Frederick)
August 24, 2018 Opinion or Order Filing 2223 Written designation and consent to act by David Clifford Reeves on behalf of R.J. Reynolds Tobacco Company. Local Counsel: David C. Reeves. Non-Resident Counsel: Brian C. Lea. (Reeves, David)
August 24, 2018 Opinion or Order Filing 2222 MOTION for Brian C. Lea to appear pro hac vice by R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit Special Admission Attorney Certification)(Reeves, David)
August 24, 2018 Opinion or Order ***PRO HAC VICE FEES paid by attorney Brian C. Lea, appearing on behalf of R.J. Reynolds Tobacco Company (Filing fee $150 receipt number JAX028778.) Related document: #2222 MOTION for Brian C. Lea to appear pro hac vice. (AFC)
August 17, 2018 Opinion or Order Filing 2221 MOTION for miscellaneous relief, specifically to unseal Special Master's Report & Recommendation Materials by Philip Morris USA, Inc., R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit Hearing Transcript)(Arnold, Keri)
July 27, 2018 Opinion or Order Filing 2220 DISBURSEMENT VOUCHER Check number 4030-87189000 in the amount of $4,834,735.69 paid to Federal Engle Tobacco Settlement Fund, c/o Peter F. Haugh, Wells Fargo Legal Specialty Group per Court's Order #2216 dated 07/23/18. (AIL)
July 23, 2018 Opinion or Order Filing 2219 ORDER denying as moot #2196 Motion for Reconsideration see order #2216. Signed by Judges William G. Young, Timothy J. Corrigan, Marcia Morales Howard, and Roy B. Dalton, Jr. on 7/23/2018. (EES)
July 23, 2018 Opinion or Order Filing 2218 ORDER denying as moot #2189 Motion to Alter Judgment see order #2216. Signed by Judges William G. Young,Timothy J. Corrigan, Marcia Morales Howard, and Roy B. Dalton, Jr. on 7/23/2018. (EES)
July 23, 2018 Opinion or Order Filing 2217 ORDER granting #2212 Motion to modify see order #2216.. Signed by Judges William G. Young,Timothy J. Corrigan, Marcia Morales Howard, and Roy B. Dalton, Jr.on 7/23/2018. (EES)
July 23, 2018 Opinion or Order Filing 2216 ORDER"Accordingly, it is hereby ORDERED:1. The Motion for Entry of an Order Modifying Sanction (Doc. 2212) is GRANTED.2. The Court reduces the sanction imposed on Wilner and Farah in the Sanctions Order from $9,164,404.12 to $4,329,668.43. The Court directs the Clerk to transfer the difference, $4,834,735.69, from the Court's registry to the Federal Engle Tobacco Settlement Fund, c/o Peter F. Haugh, Wells Fargo Legal Specialty Group, 401 S. Tryon Street, 2nd Fl., Charlotte, NC 28202.3. Following deposit of $4,834,735.69 into the Federal Engle Tobacco Settlement Fund, the Federal Engle Tobacco Settlement Fund administrator shall disburse the entire Federal Engle Tobacco Settlement Fund in a manner consistent with the parties' settlement agreement.4. Wilner's Motion to Alter or Amend the Sanctions Order (Doc. 2189) and Farah's Motion for Reconsideration (Doc. 2196) are deemed withdrawn and DENIED AS MOOT. The waiver of the right to appeal the Sanctions Order (Doc. 2181) is acknowledged and ratified.5. Due to the unique circumstances of this case, the Court retains jurisdiction to enforce the settlement agreement and the provisions of this Order.DONE AND ORDERED at Jacksonville, Florida this 23rd day of July, 2018." Signed by Judges William G. Young, Timothy J. Corrigan, Marcia Morales Howard, and Roy B. Dalton, Jr. on 7/23/2018. (EES)
July 3, 2018 Opinion or Order Filing 2214 NOTICE of Filing Settlement Agreements Under Seal by Farah & Farah, P.A., The Wilner Firm, P.A. re #2212 MOTION for Entry of an Order Modifying Sanction re: #2181 OPINION AND ORDER imposing sanctions (BD)
July 3, 2018 Opinion or Order Filing 2213 ORDER directing The Wilner Firm, P.A., and Farah & Farah, P.A., to file under seal, with all possible haste, the settlement agreements referenced in the #2212 Motion for Entry of an Order Modifying Sanction. Signed by Judge Marcia Morales Howard on 7/3/2018. (JHC)
July 3, 2018 Opinion or Order Sealed Document S-2215 (BD)
June 29, 2018 Opinion or Order Filing 2212 MOTION for Entry of an Order Modifying Sanction re: #2181 OPINION AND ORDER imposing sanctions, by Farah & Farah, P.A., The Wilner Firm, P.A.. (Lantinberg, Richard) Modified on 7/2/2018 to create docket entry relationship and edit text. (TMC)
May 17, 2018 Opinion or Order Filing 2211 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MEDIATION HEARING held on 5/17/2018. (LV)
January 24, 2018 Opinion or Order Filing 2210 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MEDIATION HEARING held on 1/24/2018. Mediation remains open. (digital) (LV)
January 12, 2018 Opinion or Order Filing 2209 RESPONSE to Motion re #2196 MOTION for Reconsideration, #2189 MOTION to Alter Judgment / The Sanctions Order filed by W. Stephen Muldrow. (Flynn, Sean)
January 9, 2018 Opinion or Order Filing 2208 ORDER scheduling mediation conference: Mediation Conference set for 1/22/2018 at 11:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Mediation summaries due on or before January 15, 2018. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 1/9/2018. (JMF)
December 28, 2017 Opinion or Order Filing 2207 ORDER appointing the Honorable Anthony Porcelli, United States Magistrate Judge, to conduct mediation on the allocation of fees and costs from the Federal Engle Settlement Fund. See Order for details. Signed by Judge Timothy J. Corrigan on 12/28/2017. (JHC)
December 20, 2017 Opinion or Order Sealed Document S-2205 Notice of Filing Under Seal The Wilner Firm, P.A.'s proposed redactions to 2147 Special Master's Report and Recommendation, 2165 Objections, and 2170 Special Master's Response. Filed under seal per Chambers. (BD)
December 19, 2017 Opinion or Order Sealed Document S-2206 Notice of Filing Under Seal Lieff Cabraser Heimann & Bernstein, LLP's proposed redactions re 2147 Special Master's Report and Recommendation. Filed as a Notice and Under Seal per Chambers. (AEJ)
December 19, 2017 Opinion or Order Sealed Document S-2204 Notice of filing under seal Motley Rice, LLC's proposed redactions to 2147 Special Master's Report and Recommendation, 2165 Objections, and 2170 Special Master's Response. Filed under seal per Chambers. (AET)
December 19, 2017 Opinion or Order Filing 2203 NOTICE Regarding Filings Under Seal, by Farah & Farah, P.A. re #2195 Order (Korn, Michael) Modified on 12/20/2017 to edit text. (TMC)
December 19, 2017 Opinion or Order Filing 2202 NOTICE Regarding Filings Under Seal re: #2195 Order, by The Wilner Firm, P.A. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bean, Daniel) Modified on 12/20/2017 to create docket entry relationship and edit text. (TMC)
December 19, 2017 Opinion or Order Filing 2201 NOTICE of Filing Under Seal re #2197 Response re #2195 Order, by Motley Rice LLC (Fernandez, Jack) Modified on 12/20/2017 to edit text and create docket entry relationship. (TMC)
December 19, 2017 Opinion or Order Filing 2200 Joint STATEMENT of Counsel Regarding the Allocation of Fees and Costs from the Federal Engle Settlement Fund, by Lieff Cabraser Heimann & Bernstein, LLP re #2181 Opinion and order (by Lieff, Motley Rice, Farah, and Wilner) (Jung, William) Modified on 12/20/2017 to edit text. (TMC)
December 19, 2017 Opinion or Order Filing 2199 RESPONSE to #2195 Order Requesting Lieff Cabraser's Position on Sealing Docs 2147, 2165, and 2170, by Lieff Cabraser Heimann & Bernstein, LLP. (Jung, William) Modified on 12/20/2017 to edit text. (TMC)
December 19, 2017 Opinion or Order Filing 2198 NOTICE of Filing Special Master's R & R With Proposed Redactions Under Seal, by Lieff Cabraser Heimann & Bernstein, LLP (Jung, William) Modified on 12/20/2017 to edit text. (TMC)
December 18, 2017 Opinion or Order Filing 2197 RESPONSE re #2195 Order on Motion to Substitute AttorneyOrder on motion for clarificationOrder on Motion to Seal filed by Motley Rice LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fernandez, Jack)
November 24, 2017 Opinion or Order Filing 2196 MOTION for Reconsideration Farah & Farah, P.A. and Charlie Farah's Motion for Reconsideration by Farah & Farah, P.A.. (Korn, Michael) Modified on 11/27/2017 to edit text(TSW).
November 22, 2017 Opinion or Order Filing 2195 ORDER granting #2190 Joint Motion to Substitute Attorney; granting #2191 Special Master's Motion for Clarification; denying #2192 Motion to Seal. The Court requests that the Special Master respond to the motions for reconsideration no later than January 12, 2018. The Court also instructs The Wilner Firm, P.A., Farah & Farah, P.A., Lieff Cabraser Heimann & Bernstein, LLP, and Motley Rice, LLC to advise the Court, no later than December 19, 2017, whether and to what extent the 2147 Report and Recommendation, 2165 Objections, and 2170 Response should remain under seal. Signed by Judge Timothy J. Corrigan on 11/22/2017. (JHC)
November 21, 2017 Opinion or Order Filing 2194 REGISTRY MONIES received by Engle Cases in the amount of $ 9,164,404.12; Receipt # JAX025922. (AEJ)
November 15, 2017 Opinion or Order Filing 2193 MOTION for Reconsideration re #2181 Opinion and order by Farah & Farah, P.A.. (Korn, Michael)
November 15, 2017 Opinion or Order Filing 2192 MOTION for leave to file under seal by Farah & Farah, P.A.. (Korn, Michael)
November 15, 2017 Opinion or Order Filing 2191 MOTION for clarification (REQUEST FOR FURTHER INSTRUCTIONS) by W. Stephen Muldrow. (Flynn, Sean)
November 15, 2017 Opinion or Order Filing 2190 Joint MOTION to Substitute Attorney by Farah & Farah, P.A.. (Bean, Daniel)
November 15, 2017 Opinion or Order Filing 2189 MOTION to Alter Judgment / The Sanctions Order by The Wilner Firm, P.A.. (Attachments: #1 Exhibit A)(Bean, Daniel)
November 15, 2017 Opinion or Order Filing 2188 NOTICE of Appearance by Michael J. Korn on behalf of Farah & Farah, P.A. (Korn, Michael)
November 8, 2017 Opinion or Order Filing 2187 ORDER Directing Disbursement of Sanctions Amount from Federal Engle Settlement Fund to the Court's Registry. Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, and Judge Roy B. Dalton, Jr. on 11/8/2017. (JHC)
November 7, 2017 Opinion or Order Filing 2186 OBJECTION re #2184 Notice (Other) . (Bean, Daniel)
November 1, 2017 Opinion or Order Filing 2185 RESPONSE re #2183 Order filed by Lieff Cabraser Heimann & Bernstein, LLP. (Nelson, Robert)
November 1, 2017 Opinion or Order Filing 2184 NOTICE by Lieff Cabraser Heimann & Bernstein, LLP re #2181 Opinion and order of filing Draft Order(s) and Memorandum (Jung, William)
October 23, 2017 Opinion or Order Filing 2183 ORDER directing the Federal Engle Settlement Fund Administrator to advise the Court, through Lieff Cabraser, of the precise amount currently held in the Federal Engle Settlement Fund, including the amounts earmarked for attorneys' fees and for costs. The Fund Administrator shall respond no later than November 1, 2017. Signed by Judge Timothy J. Corrigan on 10/23/2017. (JHC)
October 18, 2017 Opinion or Order Filing 2182 APPENDIX to #2181 Opinion and Order. Entered on 10/18/2017. (JHC)
October 18, 2017 Opinion or Order Filing 2181 OPINION AND ORDER imposing sanctions. Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, and Judge Roy B. Dalton, Jr. on 10/18/2017. (JHC)
September 15, 2017 Opinion or Order Filing 2180 NOTICE by W. Stephen Muldrow re #2179 Order (FILING INVESTIGATIVE COST CALCULATION) (Attachments: #1 Exhibit A)(Flynn, Sean)
September 15, 2017 Opinion or Order Filing 2179 ORDER directing the Special Master, no later than September 22, 2017, to file a calculation of the costs of its investigation into the matter of potential sanctions. Signed by Judge Timothy J. Corrigan on 9/15/2017. (JHC)
April 19, 2017 Opinion or Order Filing 2178 NOTICE of supplemental authority re #2174 Transcript, #2108 Order pdf by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel)
March 14, 2017 Opinion or Order Filing 2177 NOTICE by A. Lee Bentley, III re #2108 Order pdf (Notice of Substitution) (Flynn, Sean)
March 2, 2017 Opinion or Order Filing 2176 ORDER granting #2152 Motion to Seal; granting #2153 Motion to Seal; granting #2154 Motion to Seal. Signed by Judge William G. Young on 3/2/2017. (EES) Modified on 3/3/2017 to edit text (AET).
December 16, 2016 Opinion or Order Filing 2175 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR; dsmabishop@yahoo.com; (904)549-1307. (SB)
December 16, 2016 Opinion or Order Filing 2174 TRANSCRIPT of Hearing Regarding Special Master's Report held on December 13, 2016 before Judges William G. Young (Via Video Conference), Timothy J. Corrigan, Marcia Morales Howard, and Roy B. Dalton, Jr.. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 1/6/2017, Redacted Transcript Deadline set for 1/17/2017, Release of Transcript Restriction set for 3/16/2017. (SB)
December 13, 2016 Opinion or Order Filing 2173 MINUTE ENTRY. Proceedings held before Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard and Judge Roy B. Dalton, Jr.: Hearing regarding Special Master's Report held on 12/13/2016. Court Reporter: Shannon Bishop. (MD)
December 9, 2016 Opinion or Order Filing 2172 NOTICE advising the parties that the Honorable William G. Young will be participating in the hearing on Tuesday, December 13, 2016, at 9:30 a.m. via videoconference. In order to conduct the proceeding in this manner, any party that wishes for the Court to view a demonstrative or specific exhibit must provide four courtesy copies to the Court on the day of the hearing and immediately Federal Express a copy to Judge Young for his receipt by Tuesday morning. (JW)
December 5, 2016 Opinion or Order Filing 2171 RESPONSE re #2132 Order -- Second Supplemental Status Update and Certification filed by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
November 7, 2016 Opinion or Order Sealed Document S-2170 filed away in white banker box on floor in sealed room (AET)
November 4, 2016 Opinion or Order Filing 2169 NOTICE by A. Lee Bentley, III re 2168 Order on Motion to Seal (Flynn, Sean)
November 3, 2016 Opinion or Order Filing 2168 ENDORSED ORDER temporarily granting #2167 Special Master's Motion for Leave to File Under Seal. The Clerk of Court shall temporarily file under seal the Special Master's response to objections, as well as any accompanying exhibits, pending further order of the Court. Signed by Judge Timothy J. Corrigan on 11/3/2016. (JHC)
November 3, 2016 Opinion or Order Filing 2167 MOTION for leave to file under seal by A. Lee Bentley, III. (Flynn, Sean)
October 20, 2016 Opinion or Order Filing 2166 ORDER Setting Hearing - The November 10, 2016 hearing is continued to Tuesday, 12/13/2016 at 09:30 AM in Jacksonville Courtroom 13 A before Judge Marcia Morales Howard, the Honorable Timothy J. Corrigan, the Honorable Roy B. Dalton, and the Honorable William G. Young. Signed by Judge Marcia Morales Howard on 10/20/2016. (AEJ)
October 14, 2016 Opinion or Order Sealed Document. S-2165 (PAM)
October 14, 2016 Opinion or Order Filing 2164 REQUEST for oral argument Request for Evidentiary Hearing by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel)
October 12, 2016 Opinion or Order Filing 2163 ORDER granting #2161 Unopposed Motion for Extension of Time to File Objections re: 2147 Report and Recommendation; temporarily granting #2162 Unopposed Motion to File Objections Under Seal. Wilner's and Farah's objections are due no later than October 14, 2016. The Special Master's response to the objections is due no later than November 4, 2016. Signed by Judge Timothy J. Corrigan on 10/11/2016. (JHC)
October 11, 2016 Opinion or Order Filing 2162 Unopposed MOTION for leave to file under seal Counsel's Response in Opposition to the Special Master's Report & Recommendation by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel)
October 10, 2016 Opinion or Order Filing 2161 Unopposed MOTION for Extension of Time to File Response/Reply as to #2143 Notice (Other) Special Master's Report and Recommendation by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel)
October 5, 2016 Opinion or Order Filing 2160 ENDORSED ORDER granting #2158 Unopposed Motion for Allison Martin Rhodes to Appear Pro Hac Vice on Behalf of Farah & Farah, P.A. and the Wilner Firm. If Allison Martin Rhodes, Esq., has not already done so, she shall immediately pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 10/5/2016. (TSP)
October 5, 2016 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney ALLISON M. RHODES, appearing on behalf of (Filing fee $150 receipt number JAX021745.) Related document: #2158 Unopposed MOTION for Allison Martin Rhodes to appear pro hac vice. (AEJ)
October 4, 2016 Opinion or Order Filing 2159 Written designation and consent to act by Daniel Kearney Bean on behalf of Farah & Farah, P.A., The Wilner Firm, P.A.. Local Counsel: Daniel K. Bean. Non-Resident Counsel: Allison Martin Rhodes. (Bean, Daniel)
October 4, 2016 Opinion or Order Filing 2158 Unopposed MOTION for Allison Martin Rhodes to appear pro hac vice by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel)
September 22, 2016 Opinion or Order Filing 2157 ORDER granting #2156 Motion for Extension of Time to File Objections; objections are due October 12, 2016; the Special Master's response is due November 2, 2016. The Court schedules a hearing on the 2147 Report and Recommendation and objections for Thursday, November 10, 2016 at 9:30 A.M. in Courtroom 13A, United States Courthouse, 300 N. Hogan St., Jacksonville, FL. Signed by Judge Timothy J. Corrigan on 9/22/2016. (JHC)
September 21, 2016 Opinion or Order Filing 2156 Joint MOTION for Extension of Time to File Response/Reply as to #2143 Notice (Other) by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel)
August 29, 2016 Opinion or Order Filing 2155 NOTICE by Lieff Cabraser Heimann & Bernstein, LLP Notice of Filing Special Master's R & R with Proposed Redactions Under Seal (Jung, William)
August 29, 2016 Opinion or Order Filing 2154 MOTION for leave to file under seal Partially Master's Report and Recommendation by Lieff Cabraser Heimann & Bernstein, LLP. (Jung, William)
August 29, 2016 Opinion or Order Filing 2153 Joint MOTION for leave to file under seal Special Master's Report & Recommendation Pursuant to Court Order Dated August 2, 2016 by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel)
August 29, 2016 Opinion or Order Filing 2152 MOTION for leave to file under seal by Motley Rice LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Fernandez, Jack)
August 18, 2016 Opinion or Order Filing 2151 ENDORSED ORDER granting #2150 Motion for Extension of Time to File Response to2147 Special Master's Report and Recommendation: the Farah & Farah Firm and The Wilner Firm shall respond no later than 9/28/2016. Signed by Judge Timothy J. Corrigan on 8/18/2016.(SRW)
August 17, 2016 Opinion or Order Filing 2150 MOTION for Extension of Time to File Response/Reply to Special Master's Report and Recommendation by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel)
August 12, 2016 Opinion or Order Filing 2149 NOTICE by Philip Morris USA, Inc. of continued interest in matter and request for re-activation of CM/ECF service emails (McGonigle, Maura)
August 10, 2016 Opinion or Order Filing 2148 NOTICE by R.J. Reynolds Tobacco Company of continued interest matter and request for re-activation of automated CM/ECF service emails. (Stoer, Michael)
August 4, 2016 Opinion or Order Filing 2146 NOTICE of Appearance by Mamie Wise on behalf of Motley Rice LLC (Wise, Mamie)
August 4, 2016 Opinion or Order Filing 2145 NOTICE of Appearance by Jack E. Fernandez, Jr on behalf of Motley Rice LLC (Fernandez, Jack)
August 3, 2016 Opinion or Order Filing 2144 ORDER directing the Clerk of Court to temporarily file under seal the Special Master's Report and Recommendation, and accompanying exhibits, pending further order of the Court. The Special Master and/or plaintiffs' counsel, either jointly or separately, shall file a Motion to Seal pursuant to Local Rule 1.09 no later than August 29, 2016. Signed by Judge Timothy J. Corrigan on 8/2/2016. (JHC)
July 29, 2016 Opinion or Order Filing 2143 NOTICE of Filing Special Master's Report and Recommendation Under Seal re #2108 Order by A. Lee Bentley, III (Flynn, Sean) Modified on 8/2/2016 to edit text (AET).
July 28, 2016 Opinion or Order Filing 2142 RESPONSE re #2132 Order Supplemental Status Update by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
July 25, 2016 Opinion or Order Filing 2141 NOTICE by R.J. Reynolds Tobacco Company of Intent to File Motion to Allow the Withdrawal of Joseph R. Coburn (Attachments: #1 Exhibit A)(Stoer, Michael)
June 20, 2016 Opinion or Order Filing 2140 ORDER granting #2139 Joint Motion by The Wilner Firm, P.A., and Farah & Farah, P.A., for Withdrawal and Substitution of Counsel. Daniel K. Bean and Holland & Knight, LLP are substituted for John B. Macdonald, Amy M. Leitch, and Akerman, LLP as counsel of record for The Wilner Firm, P.A. Signed by Magistrate Judge Joel B. Toomey on 6/20/2016. (JHC)
June 13, 2016 Opinion or Order Filing 2139 Joint MOTION for John B. Macdonald to withdraw as attorney and Substitution of Counsel by The Wilner Firm, P.A.. (Macdonald, John)
May 31, 2016 Opinion or Order Filing 2138 ENDORSED ORDER re #2137This case is before the Court on the Special Master's Status Report and Recommendation. (Doc. 2137). In the Status Report, the Special Master recommends a 61-day extension, or until August 1, 2016, to complete the final Report and Recommendation. The Special Master cites the scope and complexity of the investigation, which involves more than 800,000 pages of documents (id. at 2), as the reason for requiring extra time. The Court finds good cause to grant the recommended extension. However, given the circumstances and the length of time already elapsed, the Court directs the Special Master to complete the Report by August 1, 2016. No further extensions will be granted absent truly exigent circumstances. Accordingly, it is hereby ORDERED:The Special Master's recommendation for an extension until August 1, 2016 to submit the final Report and Recommendation (Doc. 2137) is GRANTED. DONE AND ORDERED at Jacksonville, Florida this 31st day of May, 2016. Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, and Judge Roy B. Dalton, Jr. on 5/31/2016. (EES)
May 27, 2016 Opinion or Order Filing 2137 NOTICE by A. Lee Bentley, III Status Report and Recommendation (Flynn, Sean)
April 8, 2016 Opinion or Order Filing 2136 RESPONSE re #2132 Order for Status Update filed by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
April 8, 2016 Opinion or Order Filing 2135 RESPONSE re #2132 Order for Status Update filed by Farah & Farah, P.A.. (Bean, Daniel)
April 8, 2016 Opinion or Order Filing 2134 RESPONSE re #2132 Order filed by The Wilner Firm, P.A.. (Wilner, Norwood)
March 30, 2016 Opinion or Order Filing 2133 ENDORSED ORDER re #2130"ENDORSED ORDER granting #2130 the Special Master's recommendation to extend the deadline for the final Report and Recommendation from April 1, 2016 to June 1, 2016." Signed by Judge William G. Young on 3/30/2016. (EES)
March 30, 2016 Opinion or Order Filing 2132 ORDER FOR STATUS UPDATE re #2094 Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Maria Morales Howard, Judge Roy B. Dalton on 3/30/2016. (EES)
March 24, 2016 Opinion or Order Filing 2131 RESPONSE re #2130 Notice (Other) Wilner Firm's Response and Statement of Lack of Opposition to Special Master's Motion for Extension of Time filed by The Wilner Firm, P.A.. (Wilner, Norwood)
March 23, 2016 Opinion or Order Filing 2130 NOTICE by A. Lee Bentley, III re #2108 Order pdf Status Report And Recommendation (Flynn, Sean)
February 12, 2016 Opinion or Order Filing 2129 ENDORSED ORDER granting #2119 Motion and Memorandum of Law in Support of Withdrawal and Substitution of Counsel for Defendant R. J. Reynolds Tobacco Company. Emily C. Baker, Esquire, with the law firm of Jones Day is hereby substituted as counsel for John F. Yarber, Esquire, formerly with the law firm Jones Day. The Clerk is directed to terminate Mr. Yarber as counsel of record for Defendant.. Signed by Magistrate Judge Joel B. Toomey on 2/12/2016. (TSP)
February 12, 2016 Opinion or Order Filing 2128 ENDORSED ORDER granting #2118 Plaintiff's Motion to Allow the Withdrawal of One of Their Counsel, Elizabeth C. Elsner, Formerly Known as Elizabeth C. Ward. Elizabeth C. Elsner, Esquire, formerly with the law firm of Motley Rice LLC, is permitted to withdraw as counsel for Plaintiffs. The Clerk is directed to terminate Ms. Elsner as counsel of record. Signed by Magistrate Judge Joel B. Toomey on 2/12/2016. (TSP)
February 10, 2016 Opinion or Order Filing 2127 ORDER granting in part and denying in part #2121 Motion for Clarification; granting #2122 Motion to Extend Time. Signed by Magistrate Judge Joel B. Toomey on 2/10/2016. (JHC)
February 10, 2016 Opinion or Order Filing 2126 ORDER confirming that all procedural, discovery, and other appropriate pretrial motions are referred to the assigned United States Magistrate Judge for resolution. Signed by Judge Marcia Morales Howard on 2/10/2016. (JHC)
February 8, 2016 Opinion or Order Filing 2125 RESPONSE re #2124 Notice Special Master's Report and Recommendation by The Wilner Firm, P.A., Farah & Farah, P.A.. (Macdonald, John) Modified on 2/9/2016 to edit text (BD).
February 8, 2016 Opinion or Order Filing 2124 NOTICE by A. Lee Bentley, III re #2121 Joint MOTION for clarification re #2120 Notice (Other) and for Relief From Requirement to Prepare a Privilege Log (SPECIAL MASTER'S REPORT AND RECOMMENDATION) (Flynn, Sean)
February 8, 2016 Opinion or Order Filing 2123 NOTICE of Appearance by William F. Jung on behalf of Lieff Cabraser Heimann & Bernstein, LLP (Jung, William)
February 5, 2016 Opinion or Order Filing 2122 Unopposed MOTION to extend time to Respond to Special Master's First Discovery Requests by Farah & Farah, P.A., The Wilner Firm, P.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Macdonald, John)
February 5, 2016 Opinion or Order Filing 2121 Joint MOTION for clarification and for Relief From Requirement to Prepare a Privilege Log re #2120 Notice (Other) by Farah & Farah, P.A., The Wilner Firm, P.A.. (Bean, Daniel) Modified on 2/8/2016 to edit text(AET).
February 4, 2016 Opinion or Order Filing 2120 NOTICE by A. Lee Bentley, III of filing SPECIAL MASTER'S ORDER (Flynn, Sean)
January 19, 2016 Opinion or Order Filing 2119 MOTION for John Fachet Yarber to withdraw as attorney and to substitute Emily Baker by R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit A)(Baker, Emily)
January 18, 2016 Opinion or Order Filing 2118 Unopposed MOTION for Elizabeth C. Elsner, formerly known as Elizabeth C. Ward to withdraw as attorney by All Plaintiffs. (Oliver, Lance)
January 11, 2016 Opinion or Order Filing 2117 ORDER denying #2114 Motion for clarification 1.Plaintiffs' counsel's Second Motion for Clarification (Doc. 2114) is DENIED.2.The Court affirms its previous Order for Disbursement (Doc. 2094 at 5) that the Federal Engle Settlement Fund Administrator shall disburse the funds set forth in Column "N" of the modified version of Exhibit 6 to the Report and Recommendation (Doc. S-2091-1), but that all funds claimed as attorneys' fees and costs (Columns "J," "K," and "L") shall remain in escrow and shall not be disbursed without an express Order of this Court. 3.Applying the Court's previous Order for Disbursement to cases where the plaintiff is a debtor in a bankruptcy case, the Federal Engle Settlement Fund Administrator is authorized to disburse the funds set forth in Column "N" to the bankruptcy trustee, but not that portion of the funds claimed as attorneys' fees and costs (Columns "J," "K," and "L").. Signed by Judges William G. Young, Timothy J. Corrigan, Marcia Morales Howard, Roy B. Dalton, Jr. on 1/11/2016. (EES)
January 8, 2016 Opinion or Order Filing 2116 NOTICE by R.J. Reynolds Tobacco Company of Motion of Withdrawal and Substitution of Counsel (Attachments: #1 Exhibit A)(Baker, Emily)
January 5, 2016 Opinion or Order Filing 2115 NOTICE of Filing Affidavit of United States Attorney A. Lee Bentley, III by A. Lee Bentley, III re #2108 Order (Attachments: #1 Exhibit A)(Flynn, Sean) Modified on 1/6/2016 to edit text (AET).
December 31, 2015 Opinion or Order Filing 2114 Second MOTION for clarification re #2094 Order pdf by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
December 29, 2015 Opinion or Order Filing 2113 ORDER granting #2106 Motion for clarification "Any and all post-tax interest shall be distributed in equal amounts across all Tier 4 cases.". Signed by Judge William G. Young on 12/29/2015. (EES)
December 29, 2015 Opinion or Order Filing 2112 ORDER granting #2109 motion to dismiss; granting #2110 motion to dismiss This cause is before the Court on Plaintiff's and Defendants' Joint Motions to Dismiss with Prejudice, filed December 23, 2015 on the Engle Master Docket, Case No. 3:09-cv-10000-WGY-JBT. (Doc. 2109, Joint Motion to Dismiss Claims Against Philip Morris USA, Inc.); (Doc. 2110, Joint Motion to Dismiss Claims Against R.J. Reynolds Tobacco Company and Lorillard Tobacco Company). Plaintiff has notified the Court that he has accepted a settlement offer. (See Doc. 2107, Notice of Acceptance of Settlement). The parties agree that each will bear its own attorney's fees and costs. Upon review of the motion, it is herebyORDERED:The parties' Joint Motions to Dismiss with Prejudice are GRANTED. This action against Defendants R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., and Lorillard Tobacco Company is DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). As agreed in the Motion, each party will bear its own attorneys' fees and costs. The Clerk is directed to file Plaintiff's Notice of Acceptance (Doc. 2107), the parties' Joint Motions to Dismiss (Docs. 2109, 2110), as well as this Order on the docket for Mr. Klein's cause of action, in Case No. 3:09-cv-13080-WGY-HTS. SO ORDERED.. Signed by Judge William G. Young on 12/29/2015. (EES)
December 28, 2015 Opinion or Order Filing 2111 ORDER of USCA Granting motion for voluntary dismissal of the appeal #1596 Notice of appeal filed by 4432 Individual Tobacco Plaintiffs. EOD: 12/28/15 and Issued as mandate; USCA number: 14-13090-EE. (SJW)
December 23, 2015 Opinion or Order Filing 2110 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company, Individually and as Successor by Merger to Lorillard Tobacco Company, and Lorillard Tobacco Company by R.J. Reynolds Tobacco Company. (Yarber, John)
December 23, 2015 Opinion or Order Filing 2109 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice from one case by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A)(McGonigle, Maura)
December 22, 2015 Opinion or Order Filing 2108 ORDER APPOINTING UNITED STATES ATTORNEY AS SPECIAL MASTER Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, Judge Roy B. Dalton, Jr. on 12/23/2015. (EES)
December 16, 2015 Opinion or Order Filing 2107 NOTICE by 4432 Individual Tobacco Plaintiffs Written Acceptance of Defendant R.J. Reynolds Tobacco Company and Defendant R.J. Reynolds Tobacco Company, as Successor by Merger to Lorillard Tobacco Company's Proposals for Settlement by One Individual Plaintiff (Quinones, Martin)
December 9, 2015 Opinion or Order Filing 2106 MOTION for clarification re #2069 Order pdf, #2093 Order pdf by All Plaintiffs. (Nelson, Robert)
December 9, 2015 Opinion or Order Filing 2105 ORDER granting #2103 Motion ORDERED:1.Plaintiffs' Unopposed Motion for Substitution of Peter F. Haugh as Federal Engle Settlement Fund Administrator (Doc. 2103) is GRANTED. 2.John Mitchell from Citibank, N.A. is relieved from the role of Federal Engle Settlement Fund Administrator. Peter F. Haugh from Wells Fargo Legal Specialty Group is appointed as Federal Engle Settlement Fund Administrator in place of Mr. Mitchell.3.Paragraph 4 of the Court's November 4, 2014 Order (Doc. 2090) is amended to read, in its entirety, "All monies received by the Federal Engle Settlement Fund, which include all principal and interest earned thereon, shall be deposited into an account held in escrow at Wells Fargo Bank, N.A." All other provisions of the November 4, 2014 Order remain in full force and effect.SO ORDERED.. Signed by Judge William G. Young on 12/9/2015. (EES)
December 9, 2015 Opinion or Order Filing 2104 ORDER granting #2096 motion to dismiss ORDERED:1.Joint Motion for an Order of Dismissal (Doc. 2096) is GRANTED. 2.All claims against Philip Morris USA Inc., R.J. Reynolds Tobacco Company (individually and as successor by merger to the Brown & Williamson Tobacco Corporation, the American Tobacco Company, and Lorillard Tobacco Company), and Lorillard Tobacco Company in the cases listed in Exhibit 1 to this Order are DISMISSED WITH PREJUDICE, with each party to bear its own fees, costs, and expenses. 3.This Order does not affect this Court's continuing jurisdiction over the cases listed in Exhibit 1 hereto for the purposes stated in its November 4, 2015 Order Establishing the Federal Engle Fund as a Qualified Settlement Fund (see Doc. 2090, 11) or otherwise affect the Court's continuing jurisdiction over the Federal Engle Settlement Fund, including the distribution of any sums claimed for attorneys' fees and costs, which jurisdiction is expressly retained (see Doc. 2092, 3). 4.The Court further reserves jurisdiction over each of the cases listed in Exhibit 1 hereto for the limited purpose of making further inquiry and addressing the circumstances surrounding the filing and maintenance of each of these cases, including any Rule 11 implications, and for the purposes stated in the Court's November 6, 2015 Order for Disbursement of Settlement Proceeds and for Further Proceedings (see Doc. 2094, 4).5.The Clerk of Court is DIRECTED to docket this Order in each of the cases listed in Exhibit 1 hereto, to terminate any deadlines and motions pending in each case, and to close each case. SO ORDERED.. Signed by Judge William G. Young on 12/9/2015. (Attachments: #1 Exhibit 1) (EES)
December 8, 2015 Opinion or Order Filing 2103 Unopposed MOTION for miscellaneous relief, specifically Motion for Substitution of Peter F. Haugh as Federal Engle Settlement Fund Administrator by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ledlie, James) Modified on 12/11/2015 to edit text (RH).
December 8, 2015 Opinion or Order Mail returned as Undeliverable re: #1931 Order on motion to dismiss. Mail unable to forward to Matthew Mark Heekin. (AMM)
December 7, 2015 Opinion or Order Filing 2102 RESPONSE re #2094 Order pdf filed by The Wilner Firm, P.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Macdonald, John)
December 7, 2015 Opinion or Order Filing 2101 PLAINTIFF'S BRIEF re #2094 Order pdf Lieff Cabraser's Brief Concerning Matters Raised in Order for Disbursement of Settlement Proceeds and for Further Proceedings filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Appendix A)(Heimann, Richard)
December 7, 2015 Opinion or Order Filing 2100 NOTICE by Farah & Farah, P.A. re #2094 Order pdf Adopting and Incorporating the Response of the Wilner Firm (Bean, Daniel)
December 7, 2015 Opinion or Order Filing 2099 NOTICE of Appearance by Daniel Kearney Bean on behalf of Farah & Farah, P.A. (Bean, Daniel)
December 7, 2015 Opinion or Order Filing 2098 DEFENDANT'S BRIEF re #2094 Order pdf regarding matters raised in "Order For Disbursement of Settlement Proceeds and For Further Proceedings" filed by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company. (Arnold, Keri)
December 7, 2015 Opinion or Order Filing 2097 PLAINTIFF'S BRIEF re #2094 Order pdf MOTLEY RICE LLC'S BRIEF CONCERNING MATTERS RAISED IN "ORDER FOR DISBURSEMENT OF SETTLEMENT PROCEEDS AND FOR FURTHER PROCEEDINGS" filed by 4432 Individual Tobacco Plaintiffs. (Baker, Frederick)
December 7, 2015 Opinion or Order Filing 2096 Joint MOTION to Dismiss Cases listed on Exhibit 1 by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit 1)(Oliver, Lance)
December 7, 2015 Opinion or Order Filing 2095 NOTICE by 4432 Individual Tobacco Plaintiffs Joint Notice of Filing of Stipulation (Attachments: #1 Exhibit 1)(Oliver, Lance)
November 30, 2015 Opinion or Order Mail returned as Undeliverable as to Wanda Gardner re: #1932 Order on motion to dismiss. (CKS)
November 30, 2015 Opinion or Order Mail returned as Undeliverable re: #1937 Order on motion to dismiss. Mail unable to forward to Barbara Van Meir. (TSW)
November 25, 2015 Opinion or Order Mail returned as Undeliverable re: #1932 Order on motion to dismiss. Mail unable to forward to Daphne Sistrunk. (TSW)
November 6, 2015 Opinion or Order Filing 2094 ORDER FOR DISBURSEMENT OF SETTLEMENT PROCEEDS AND FOR FURTHER PROCEEDINGS Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, Judge Roy B. Dalton, Jr. on 11/6/2015. (EES)
November 6, 2015 Opinion or Order Filing 2093 ORDER REGARDING THE SPECIAL MASTER FINAL SETTLEMENT REPORT AND RECOMMENDATION Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, Judge Roy B. Dalton, Jr. on 11/6/2015. (EES)
November 5, 2015 Opinion or Order Filing 2092 CONSENT ORDER Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, Judge Roy B. Dalton, Jr. on 11/5/2015. (EES)
November 4, 2015 Opinion or Order Filing 2090 ORDER ESTABLISHING THE FEDERAL ENGLE FUND AS A QUALIFIED SETTLEMENT FUND Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, Judge Roy B. Dalton, Jr. on 11/4/2015. (EES)
November 3, 2015 Opinion or Order Sealed Document, S-2091. (CKS)
November 3, 2015 Opinion or Order Filing 2089 RESPONSE re #2088 Order pdf Re Proposed Settlement Administrator filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit A)(Nelson, Robert)
October 27, 2015 Opinion or Order Filing 2088 ORDER Signed by Judge William G. Young, Judge Timothy J. Corrigan, Judge Marcia Morales Howard, and Judge Roy B. Dalton Jr. on 10/27/2015. (EES)
October 27, 2015 Opinion or Order Filing 2087 ORDER granting #2076 Motion to Withdraw as Attorney. Signed by Judge William G. Young on 10/27/2015. (EES)
October 2, 2015 Opinion or Order Filing 2086 MOTION to Reopen Case # 3:09-cv-11177-WGY-HTSby Rosemary Hamilton (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) Filed Pro Se (TSW) Modified on 10/5/2015 to edit text(TSW).
September 30, 2015 Opinion or Order Filing 2077 ENDORSED ORDER denying as moot #1659 Motion for Reconsideration "Motion denied as moot in light of the settlement among the parties.". Signed by Judge William G. Young on 9/30/2015. (EES)
September 29, 2015 Opinion or Order Filing 2082 ENDORSED ORDER granting #2061 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendant Philip Morris USA, Inc. are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant Philip Morris USA, Inc. only.SO ORDERED.. Signed by Judge William G. Young on 9/30/2015. (EES)
September 28, 2015 Opinion or Order Filing 2085 ENDORSED ORDER granting #2065 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, only.. Signed by Judge William G. Young on 9/28/2015. (EES)
September 28, 2015 Opinion or Order Filing 2084 ENDORSED ORDER granting #2064 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendant R.J. ReynoldsTobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant R.J. Reynolds Tobacco Company, only.SO ORDERED.. Signed by Judge William G. Young on 9/28/2015. (EES)
September 28, 2015 Opinion or Order Filing 2083 ENDORSED ORDER granting #2063 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, only.. Signed by Judge William G. Young on 9/28/2015. (EES)
September 28, 2015 Opinion or Order Filing 2081 ENDORSED ORDER granting #2058 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, only. SO ORDERED.. Signed by Judge William G. Young on 9/28/2015. (EES)
September 28, 2015 Opinion or Order Filing 2080 ENDORSED ORDER granting #2055 motion to amend/correct "Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA, Inc. and R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant Philip Morris USA, Inc. and R.J. Reynolds Tobacco Company only.SO ORDERED.". Signed by Judge William G. Young on 9/30/2015. (EES)
September 28, 2015 Opinion or Order Filing 2079 ENDORSED ORDER granting #2035 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendant Philip Morris USA are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant Philip Morris USA only.SO ORDERED.. Signed by Judge William G. Young on 9/28/2015. (EES) Modified on 10/30/2015 (EES).
September 28, 2015 Opinion or Order Filing 2078 ENDORSED ORDER re #2015 Signed by Judge William G. Young on 9/28/2015. Parties' Stipulation is APPROVED. All claims in case listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Each party shall bear its own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.(EES)
September 25, 2015 Opinion or Order Filing 2076 Unopposed MOTION for Jerome P. Mayer-Cantu to withdraw as attorney by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
September 23, 2015 Opinion or Order Filing 2075 ENDORSED ORDER granting #1873 motion to appear pro hac vice; granting #1895 motion to appear pro hac vice. Signed by Judge William G. Young on 9/23/2015. (EES)
September 23, 2015 Opinion or Order Filing 2074 ENDORSED ORDER denying as moot #1709 Motion ; denying as moot #1710 Motion in Limine; denying as moot #1711 Motion ; denying as moot #1757 Motion for Extension of Time to File; denying as moot #1783 motion for issuance; denying as moot #1875 Motion to Compel ; denying as moot #1881 Motion ; denying as moot #1882 Motion. Signed by Judge William G. Young on 9/23/2015. (EES)
September 21, 2015 Opinion or Order Filing 2073 NOTICE by The Wilner Firm, P.A. re #2071 Order pdf Wilner Firm's Notice Regarding Order (Doc. 2071) (Wilner, Norwood)
September 15, 2015 Opinion or Order Filing 2072 NOTICE of pendency of related cases per Local Rule 1.04(d) by Lieff Cabraser Heimann & Bernstein, LLP. Related case(s): yes (Attachments: #1 Exhibit 1)(Byrd, Kenneth)
September 14, 2015 Opinion or Order Filing 2071 ORDER re #2069 Signed by Judge William G. Young on 9/14/2015. (EES)
September 10, 2015 Opinion or Order Filing 2069 REPORT & RECOMMENDATION re #1970 ORDER APPOINTING SPECIAL MASTER, re #2011ORDER adopting #1996 Report and Recommendation. It is hereby RECOMMENDED: The final distribution plan, as detailed above, be APPROVED, and that the award schedule listed in Exhibit 6 and otherwise detailed herein be IMPLEMENTED. Signed by Magistrate Judge Anthony E. Porcelli, Acting as Special Master, on 9/10/2015. (FDM)
August 21, 2015 Opinion or Order Filing 2068 NOTICE of pendency of related cases (prior case) per Local Rule 1.04(d) by The Wilner Firm, P.A.. Related case(s): yes (Macdonald, John)
August 20, 2015 Opinion or Order Filing 2067 NOTICE by 4432 Individual Tobacco Plaintiffs of Filing of Proposed Consent Order (Attachments: #1 Text of Proposed Order)(Ledlie, James)
August 20, 2015 Opinion or Order Filing 2066 Unopposed MOTION for miscellaneous relief, specifically For an Order Establishing the Federal Engle Settlement Fund as a Qualified Settlement Fund by All Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order)(Ledlie, James)
August 17, 2015 Opinion or Order Filing 2065 JOINT MOTION to Dismiss R.J. Reynolds Tobacco Company individually and as Successor by Merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, from 1 case by R.J. Reynolds Tobacco Company. (Yarber, John) Modified on 8/18/2015 to edit text(KJR).
August 14, 2015 Opinion or Order Filing 2064 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company From 1 Case by R.J. Reynolds Tobacco Company. (Yarber, John)
August 14, 2015 Opinion or Order Filing 2063 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company individually and as Successor by Merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, from 1 case by R.J. Reynolds Tobacco Company. (Yarber, John)
August 10, 2015 Opinion or Order Filing 2062 NOTICE by 4432 Individual Tobacco Plaintiffs of Written Acceptance of Defendant Lorillard Tobacco Company's Proposal for Settlement by 12 Individual Plaintiffs (Attachments: #1 Exhibit A)(Quinones, Martin)
August 6, 2015 Opinion or Order Filing 2061 Joint MOTION to Dismiss Defendant Philip Morris USA Inc., with prejudice by Philip Morris USA, Inc. (Attachments: #1 Exhibit A)(McGonigle, Maura) Modified on 8/7/2015 to edit text (AET).
August 6, 2015 Opinion or Order Filing 2060 NOTICE of Acceptance of R.J. Reynolds Tobacco Company's Proposals for Settlement, and Exhibit A by 4432 Individual Tobacco Plaintiffs (Quinones, Martin) Modified on 8/7/2015 to edit text (AET).
August 6, 2015 Opinion or Order Filing 2059 NOTICE of Plaintiffs' Written Acceptance of Defendant Lorillard Tobacco Company's Proposals for Settlement by 9 Individual Plaintiffs by 4432 Individual Tobacco Plaintiffs (Attachments: #1 Exhibit A)(Oliver, Lance) Modified on 8/7/2015 to edit text (AET).
August 5, 2015 Opinion or Order Filing 2058 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company as Successor by Merger to Lorillard Tobacco Company from 1 case by R.J. Reynolds Tobacco Company. (Yarber, John)
July 22, 2015 Opinion or Order Filing 2057 ORDER OF DISMISSAL granting #2052 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, only.. Signed by Judge William G. Young on 7/22/2015. (EES)
July 22, 2015 Opinion or Order Filing 2056 ORDER granting #2045 Motion to Withdraw as Attorney Defendant's Motion is GRANTED. The Clerk of Court is DIRECTED to remove Attorney Kacy Goebel Romig, formerly of Jones Day, from the electronic service list for the pleadings in In re: Engle Cases, No. 3:09-cv-10000-WGY-HTS. SO ORDERED.. Signed by Judge William G. Young on 7/22/2015. (EES)
July 21, 2015 Opinion or Order Filing 2055 AMENDED JOINT MOTION to Dismiss Defendant Phillip Morris USA, Inc. and R.J. Reynolds Tobacco Co. with Prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A)(Stoever, Thomas) Modified on 7/23/2015 to edit text(KJR).
July 21, 2015 Opinion or Order Filing 2054 Joint MOTION to Dismiss Defendant Phillip Morris USA, Inc. With Prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A)(Stoever, Thomas)
July 21, 2015 Opinion or Order Filing 2053 ORDER REGARDING RE-TRIAL OF ENGLE CASES. Signed by Chief Judge Anne C. Conway on 7/21/2015. (SR)
July 20, 2015 Opinion or Order Filing 2052 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company individually and as Successor by Merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, from 1 case by R.J. Reynolds Tobacco Company. (Yarber, John)
July 20, 2015 Opinion or Order Filing 2051 ORDER OF DISMISSAL granting #2041 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, only.. Signed by Judge William G. Young on 7/20/2015. (EES)
July 20, 2015 Opinion or Order Filing 2050 ORDER OF DISMISSAL re #2038 Parties' Stipulation is APPROVED. All claims in case listed in Exhibit A to this Order against Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Each party shall bear its own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, only. SO ORDERED. Signed by Judge William G. Young on 7/20/2015. (EES)
July 20, 2015 Opinion or Order Filing 2049 ORDER OF DISMISSAL granting #2037 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.. Signed by Judge William G. Young on 7/20/2015. (EES)
July 20, 2015 Opinion or Order Filing 2048 ORDER OF DISMISSAL granting #2044 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, only.. Signed by Judge William G. Young on 7/20/2015. (EES)
July 20, 2015 Opinion or Order Filing 2047 ORDER OF DISMISSAL granting #2043 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendants R.J. ReynoldsTobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company, only.. Signed by Judge William G. Young on 7/20/2015. (EES)
July 20, 2015 Opinion or Order Filing 2046 ORDER OF DISMISSAL granting #2042 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendant R.J. ReynoldsTobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant R.J. Reynolds Tobacco Company, only.. Signed by Judge William G. Young on 7/20/2015. (EES)
July 16, 2015 Opinion or Order Filing 2045 MOTION for Kacy Goebel Romig to withdraw as attorney by R.J. Reynolds Tobacco Company. (Reeves, David)
July 8, 2015 Opinion or Order Filing 2044 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A)(McGonigle, Maura)
July 8, 2015 Opinion or Order Filing 2043 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company as Successor by Merger to Lorillard Tobacco Company from 1 case by R.J. Reynolds Tobacco Company. (Yarber, John)
July 7, 2015 Opinion or Order Filing 2042 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company From 1 Case by R.J. Reynolds Tobacco Company. (Yarber, John)
June 25, 2015 Opinion or Order Filing 2041 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company as Successor by Merger to Lorillard Tobacco Company from 1 case by R.J. Reynolds Tobacco Company. (Yarber, John)
June 23, 2015 Opinion or Order Filing 2040 NOTICE by 4432 Individual Tobacco Plaintiffs Written Acceptance of Defendant R.J. Reynolds Tobacco Company, as Successor by Merger to Lorillard Tobacco Company's Proposals for Settlement by Two Individual Plaintiffs (Quinones, Martin)
June 22, 2015 Opinion or Order Filing 2039 NOTICE by 4432 Individual Tobacco Plaintiffs PLAINTIFFS' WRITTEN ACCEPTANCE OF DEFENDANT R.J. REYNOLDS TOBACCO COMPANY'S PROPOSALS FOR SETTLEMENT and Exhibit A (Quinones, Martin)
June 22, 2015 Opinion or Order Filing 2038 STIPULATION of Dismissal Joint Stipulation of Dismissal as to R.J. Reynolds Tobacco Company, individually and as successor by merger to Lorillard Tobacco Company, and Lorillard Tobacco Company by R.J. Reynolds Tobacco Company. (Yarber, John)
June 17, 2015 Opinion or Order Filing 2037 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company From 1 Case by R.J. Reynolds Tobacco Company. (Yarber, John)
June 15, 2015 Opinion or Order Filing 2036 ORDER BY THE SPECIAL MASTER re. Navigant Consulting, Inc. Signed by Magistrate Judge Anthony E. Porcelli on 6/15/2015. (Attachments: #1 Exhibit A)(FDM)
June 10, 2015 Opinion or Order Filing 2035 Joint MOTION to Dismiss Defendant Phililp Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A)(McGonigle, Maura)
June 9, 2015 Opinion or Order Filing 2034 NOTICE of Plaintiffs' Written Acceptance of Defendant R.J. Reynolds Tobacco Company's Proposals for Settlement by 4432 Individual Tobacco Plaintiffs (Quinones, Martin) Modified on 6/10/2015 to edit text (KJR).
June 9, 2015 Opinion or Order Filing 2030 ORDER OF DISMISSAL granting #2017 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 6/4/2015. (EES)
June 4, 2015 Opinion or Order Filing 2033 ORDER of DISMISSAL granting #2028 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendant Philip Morris USA are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant Philip Morris USA only.SO ORDERED.. Signed by Judge William G. Young on 6/4/2015. (EES)
June 4, 2015 Opinion or Order Filing 2032 ORDER granting #2019 Motion to Withdraw as Attorney Defendant's Motion is GRANTED. The Clerk of Court is DIRECTED to remove Attorney Stephen Lanza, formerly of Hughes Hubbard & Reed LLP, from the electronic service list for the pleadings in In re: Engle Cases, No. 3:09-cv-10000-WGY-HTS. SO ORDERED.. Signed by Judge William G. Young on 6/9/2015. (EES)
June 4, 2015 Opinion or Order Filing 2031 ORDER granting #2018 Motion to Withdraw as Attorney Defendant's Motion is GRANTED. The Clerk of Court is DIRECTED to remove Attorney Angela M. Splittgerber, formerly of Hughes Hubbard & Reed LLP, from the electronic service list for the pleadings in In re: Engle Cases, No. 3:09-cv-10000-WGY-HTS. SO ORDERED.. Signed by Judge William G. Young on 6/9/2015. (EES)
June 3, 2015 Opinion or Order Filing 2029 NOTICE by 4432 Individual Tobacco Plaintiffs of Plaintiff's Written Acceptance of Defendant R.J. Reynolds Tobacco Company's Proposals for Settlement and Attached Exhibit A (Quinones, Martin)
June 3, 2015 Opinion or Order Filing 2028 JOINT MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(McGonigle, Maura) Modified on 6/4/2015 to edit text (PAM).
June 3, 2015 Opinion or Order Filing 2027 ORDER granting #2010 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendant Philip Morris USA are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant Philip Morris USA only.SO ORDERED.. Signed by Judge William G. Young on 6/3/2015. (EES)
June 3, 2015 Opinion or Order Filing 2026 ORDER granting #2014 motion to dismiss Parties' Motion is GRANTED. All claims in case listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.. Signed by Judge William G. Young on 6/3/2015. (EES)
June 3, 2015 Opinion or Order Filing 2025 ORDER re #2012Parties' Stipulation is APPROVED. All claims in case listed in Exhibit A to this Order against Defendant Philip Morris USA Inc. are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Each party shall bear its own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant Philip Morris USA Inc. only. SO ORDERED. Signed by Judge William G. Young on 6/3/2015. (EES)
June 3, 2015 Opinion or Order Filing 2024 ORDER granting #2009 Motion to dismiss for lack of prosecution The motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 6/3/2015. (EES)
June 3, 2015 Opinion or Order Filing 2023 ORDER granting #2008 Motion to dismiss for lack of prosecution The motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 6/3/2015. (EES)
June 3, 2015 Opinion or Order Filing 2022 ORDER granting #2007 motion to dismiss Parties' Motion is GRANTED. All claims in case listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.. Signed by Judge William G. Young on 6/3/2015. (EES)
June 3, 2015 Opinion or Order Filing 2021 ORDER granting #2005 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 6/3/2015. (EES)
June 3, 2015 Opinion or Order Filing 2020 ORDER granting #1999 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendant Philip Morris USA are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the case as to Defendant Philip Morris USA only.. Signed by Judge William G. Young on 6/3/2015. (EES)
June 1, 2015 Opinion or Order Filing 2019 MOTION for Stephen Lanza to withdraw as attorney by Lorillard Tobacco Company. (Cruz-Alvarez, Rafael)
May 29, 2015 Opinion or Order Filing 2018 MOTION for Angela M. Splittgerber to withdraw as attorney by Lorillard Tobacco Company. (Cruz-Alvarez, Rafael)
May 29, 2015 Opinion or Order Filing 2017 Joint MOTION to Dismiss Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
May 27, 2015 Opinion or Order Filing 2016 MOTION to transfer case to the Orlando Division of the Middle District of Florida by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Byrd, Kenneth)
May 22, 2015 Opinion or Order Filing 2015 STIPULATION of Dismissal as to R.J. Reynolds Tobacco Company by R.J. Reynolds Tobacco Company (Yarber, John) Modified on 5/26/2015 to edit text (KJR).
May 19, 2015 Opinion or Order Filing 2014 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company From 1 Case by R.J. Reynolds Tobacco Company. (Yarber, John)
May 19, 2015 Opinion or Order Filing 2013 Letter from Lila B. Simons to Judge Young (EES)
May 15, 2015 Opinion or Order Filing 2012 STIPULATION of Dismissal with prejudice as to Philip Morris USA Inc. by Philip Morris USA, Inc.. (McGonigle, Maura)
May 11, 2015 Opinion or Order Filing 2011 ORDER adopting #1996 Report and Recommendation."After careful review of the entire record pertinent hereto and the thorough report and recommendation of Magistrate Judge Anthony Porcelli, no objections having been made, the plan of distribution, detailed herein, is approved." Signed by Judge William G. Young on 5/11/2015. (EES)
May 8, 2015 Opinion or Order Filing 2010 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(McGonigle, Maura)
May 7, 2015 Opinion or Order Filing 2009 MOTION to dismiss for lack of prosecution by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
May 7, 2015 Opinion or Order Filing 2008 MOTION to dismiss for lack of prosecution by Lorillard Tobacco Company, Philip Morris USA, Inc., R.J. Reynolds Tobacco Company. (Cruz-Alvarez, Rafael)
May 4, 2015 Opinion or Order Filing 2007 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company From 1 Case by R.J. Reynolds Tobacco Company. (Yarber, John)
May 1, 2015 Opinion or Order Filing 2006 NOTICE by 4432 Individual Tobacco Plaintiffs of Acceptance of Defendant R.J. Reynolds Tobacco Company's Proposal for Settlement by One Individual Plaintiff (Quinones, Martin)
April 30, 2015 Opinion or Order Filing 2005 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
April 24, 2015 Opinion or Order Filing 2004 NOTICE by 4432 Individual Tobacco Plaintiffs Plaintiffs' Written Acceptance of Defendant R.J. Reynolds Tobacco Company's Proposal for Settlement by 1 Individual Plaintiff (Attachments: #1 Exhibit A)(Quinones, Martin)
April 24, 2015 Opinion or Order Filing 2003 ORDER OF DISMISSAL granting #1990 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.. Signed by Judge William G. Young on 4/24/2015. (EES)
April 24, 2015 Opinion or Order Filing 2002 ORDER OF DISMISSAL re #1993Parties' Stipulation is APPROVED. The action listed in Exhibit A to this Order is DISMISSED WITH PREJUDICE in its entirety pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear its own costs and attorneys' fees. The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close the case listed in Exhibit A. SO ORDERED. Signed by Judge William G. Young on 4/24/2015. (EES)
April 24, 2015 Opinion or Order Filing 2001 ORDER granting #1994 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.. Signed by Judge William G. Young on 4/24/2015. (EES)
April 24, 2015 Opinion or Order Filing 2000 ORDER granting #1995 Motion to Withdraw as Attorney Defendant's Motion is GRANTED. The Clerk of Court isDIRECTED to remove attorney Nathan Foster, formerly of Arnold&Porter LLP, from the electronic service list for pleadings inall Engle cases listed in Exhibit A of Doc. 1995.SO ORDERED.. Signed by Judge William G. Young on 4/24/2015. (EES)
April 23, 2015 Opinion or Order Filing 1999 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A)(Arnold, Keri)
April 22, 2015 Opinion or Order Filing 1998 ORDER re #1996 REPORT & RECOMMENDATION. Signed by Judge William G. Young on 4/22/2015. (FDM)
April 21, 2015 Opinion or Order Filing 1996 REPORT & RECOMMENDATION re #1970 ORDER APPOINTING SPECIAL MASTER. It is hereby RECOMMENDED: Plaintiffs' counsel's proposed distribution plan, detailed herein, be APPROVED. Signed by Magistrate Judge Anthony E. Porcelli on 4/21/2015. (FDM) Modified on 4/22/2015 to bold entry (BMW).
April 20, 2015 Opinion or Order Filing 1995 Unopposed MOTION for Nathan Foster to withdraw as attorney by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(McGonigle, Maura)
April 16, 2015 Opinion or Order Filing 1994 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company from 4 Cases by R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit A)(Yarber, John)
April 14, 2015 Opinion or Order Filing 1993 STIPULATION of Dismissal With Prejudice As To R.J. Reynolds Tobacco Company, Phillip Morris USA, Inc. and Lorillard Tobacco Company by Philip Morris USA, Inc.. (McGonigle, Maura)
April 10, 2015 Opinion or Order Filing 1992 ORDER OF DISMISSAL granting #1987 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 4/10/2015. (EES)
April 10, 2015 Opinion or Order Filing 1991 ORDER OF DISMISSAL granting #1978 motion to dismiss Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendant Philip Morris USA are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Philip Morris USA only.SO ORDERED.. Signed by Judge William G. Young on 4/10/2015. (EES)
April 10, 2015 Opinion or Order Filing 1990 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company from 3 Cases by R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit A)(Yarber, John)
April 8, 2015 Opinion or Order Filing 1987 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
April 8, 2015 Opinion or Order Filing 1986 ENDORSED ORDER denying as moot #1623 Motion in Limine. Signed by Judge William G. Young on 4/8/2015. (EES)
April 8, 2015 Opinion or Order Filing 1985 ENDORSED ORDER denying as moot #1615 Motion. Signed by Judge William G. Young on 4/8/2015. (EES)
April 8, 2015 Opinion or Order Filing 1984 ENDORSED ORDER denying as moot #1552 Motion. Signed by Judge William G. Young on 4/8/2015. (EES)
April 8, 2015 Opinion or Order Filing 1983 ENDORSED ORDER denying as moot #1551 Motion. Signed by Judge William G. Young on 4/8/2015. (EES)
April 8, 2015 Opinion or Order Filing 1982 ENDORSED ORDER denying as moot #1526 Motion. Signed by Judge William G. Young on 4/8/2015. (EES)
April 8, 2015 Opinion or Order Filing 1981 ENDORSED ORDER denying as moot #1047 Motion for Reconsideration. Signed by Judge William G. Young on 4/8/2015. (EES)
April 7, 2015 Opinion or Order Filing 1989 ORDER OF DISMISSAL granting #1968 motion to dismiss. Signed by Judge William G. Young on 4/8/2015. (EES)
April 7, 2015 Opinion or Order Filing 1988 ORDER OF DISMISSAL granting #1967 motion to dismiss. Signed by Judge William G. Young on 4/7/2015. (EES)
April 7, 2015 Opinion or Order Filing 1980 ORDER OF DISMISSAL granting #1966 motion to dismiss. Signed by Judge William G. Young on 4/7/2015. (EES)
April 7, 2015 Opinion or Order Filing 1979 NOTICE by 4432 Individual Tobacco Plaintiffs of Written Acceptance of Defendant R.J. Reynolds Tobacco Company's Proposal for Settlement (Attachments: #1 Exhibit A)(Quinones, Martin) Modified on 4/8/2015 to edit text (PAM).
April 7, 2015 Opinion or Order Filing 1978 JOINT MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice from two cases by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(Arnold, Keri) Modified on 4/8/2015 to edit text (PAM).
April 6, 2015 Opinion or Order Filing 1977 ORDER OF DISMISSAL granting #1939 motion to dismiss. Signed by Judge William G. Young on 4/6/2015. (EES)
April 6, 2015 Opinion or Order Filing 1976 ORDER OF DISMISSAL granting #1923 motion to dismiss. Signed by Judge William G. Young on 4/6/2015. (EES)
April 6, 2015 Opinion or Order Filing 1975 ORDER OF DISMISSAL granting #1922 motion to dismiss. Signed by Judge William G. Young on 4/6/2015. (EES)
April 6, 2015 Opinion or Order Filing 1974 ORDER OF DISMISSAL granting in part and denying in part #1921 motion to dismiss. Signed by Judge William G. Young on 4/6/2015. (EES)
April 6, 2015 Opinion or Order Filing 1973 ORDER OF DISMISSAL granting in part and denying in part #1920 motion to dismiss. Signed by Judge William G. Young on 4/6/2015. (EES)
April 6, 2015 Opinion or Order Filing 1972 ORDER OF DISMISSAL granting #1904 motion to dismiss. Signed by Judge William G. Young on 4/6/2015. (EES)
April 6, 2015 Opinion or Order Filing 1971 ORDER OF DISMISSAL granting #1903 motion to dismiss. Signed by Judge William G. Young on 4/6/2015. (EES) Modified on 4/7/2015 (BMW).
April 6, 2015 Opinion or Order Filing 1970 ORDER APPOINTING SPECIAL MASTER Signed by Judge William G. Young on 4/6/2015. (EES)
April 3, 2015 Opinion or Order Filing 1969 ORDER OF DISMISSAL granting #1965 motion to dismiss. Signed by Judge William G. Young on 4/3/2015. (EES) Modified on 4/3/2015 (BMW).
April 3, 2015 Opinion or Order Filing 1968 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
April 3, 2015 Opinion or Order Filing 1967 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice from one case by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(Arnold, Keri)
April 2, 2015 Opinion or Order Filing 1966 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company from 3 Cases by R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit A)(Yarber, John)
March 30, 2015 Opinion or Order Filing 1965 JOINT MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A) (Cruz-Alvarez, Rafael) (Modified on 4/1/2015 to edit text) (DSY).
March 25, 2015 Opinion or Order Filing 1964 ORDER OF DISMISSAL granting #1957 motion to dismiss. Signed by Judge William G. Young on 3/25/2015. (EES)
March 25, 2015 Opinion or Order Filing 1963 ORDER OF DISMISSAL granting #1956 motion to dismiss. Signed by Judge William G. Young on 3/25/2015. (Attachments: #1 Exhibit A) (EES)
March 25, 2015 Opinion or Order Filing 1962 ORDER OF DISMISSAL granting #1955 motion to dismiss. Signed by Judge William G. Young on 3/25/2015. (Attachments: #1 Exhibit A) (EES)
March 25, 2015 Opinion or Order Filing 1961 ORDER of DISMISSAL granting in part and denying in part #1949 motion to dismiss. Signed by Judge William G. Young on 3/25/2015. (Attachments: #1 Exhibit A, #2 Exhibit B) (EES)
March 25, 2015 Opinion or Order Filing 1960 ORDER OF DISMISSAL granting #1948 motion to dismiss. Signed by Judge William G. Young on 3/25/2015. (Attachments: #1 Exhibit A) (EES)
March 24, 2015 Opinion or Order Filing 1959 ORDER OF DISMISSAL granting #1918 motion to dismiss. Signed by Judge William G. Young on 3/24/2015. (Attachments: #1 Exhibit A) (EES)
March 24, 2015 Opinion or Order Filing 1958 ORDER OF DISMISSAL granting #1934 motion to dismiss. Signed by Judge William G. Young on 3/24/2015. (EES)
March 23, 2015 Opinion or Order Filing 1957 JOINT MOTION to Dismiss Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Co., Lorillard Tobacco Co. with prejudice by Philip Morris USA, Inc. (Attachments: #1 Exhibit A--list of cases)(Arnold, Keri) Modified on 3/24/2015 to edit text (PAM).
March 23, 2015 Opinion or Order Filing 1956 AMENDED JOINT MOTION to Dismiss R.J. Reynolds Tobacco Company from 13 Cases re: #1947 Motion to Dismiss by R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit A)(Yarber, John) Modified on 3/24/2015 to edit text (PAM).
March 23, 2015 Opinion or Order Filing 1955 JOINT MOTION to Dismiss R.J. Reynolds Tobacco Company from Multiple Cases (Amended Motion to Dismiss Filed Previously As Doc 1943) by R.J. Reynolds Tobacco Company. (Attachments: #1 Exhibit A)(Yarber, John) Modified on 3/24/2015 to edit text (PAM).
March 23, 2015 Opinion or Order Filing 1954 ORDER OF DISMISSAL granting in part and denying in part #1945 motion to dismiss. Signed by Judge William G. Young on 3/23/2015. (EES)
March 23, 2015 Opinion or Order Filing 1953 ORDER OF DISMISSAL granting #1941 motion to dismiss. Signed by Judge William G. Young on 3/23/2015. (EES)
March 23, 2015 Opinion or Order Filing 1952 ORDER denying without prejudice #1943 motion to dismiss Parties' Motion is DENIED WITHOUT PREJUDICE. The motion requests that Defendants R.J. Reynolds Tobacco Company, Philip Morris USA Inc., and Lorillard Tobacco Company all be dismissed with prejudice from all the cases on the accompanying exhibit and that those cases be closed. The motion, however, is only signed by counsel for R.J. Reynolds Tobacco Company. It is missing signatures from counsel for Philip Morris USA Inc. and Lorillard Tobacco Company.SO ORDERED.. Signed by Judge William G. Young on 3/23/2015. (EES)
March 23, 2015 Opinion or Order Filing 1951 ORDER OF DISMISSAL granting #1942 motion to dismiss. Signed by Judge William G. Young on 3/23/2015. (EES)
March 23, 2015 Opinion or Order Filing 1950 ORDER OF DISMISSAL granting #1944 motion to dismiss. Signed by Judge William G. Young on 3/23/2015. (EES)
March 23, 2015 Opinion or Order Filing 1949 JOINT MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc. (Attachments: #1 Exhibit A--list of cases)(Arnold, Keri) Modified on 3/24/2015 to edit text (PAM).
March 20, 2015 Opinion or Order Filing 1948 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company from 39 Cases by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
March 20, 2015 Opinion or Order Filing 1947 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company from 13 Cases by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
March 20, 2015 Opinion or Order Filing 1946 NOTICE by 4432 Individual Tobacco Plaintiffs of Written Acceptance by 3 Individual Plaintiffs of Defendant R.J. Reynolds Tobacco Company's Proposal for Settlement (Attachments: #1 Exhibit A)(Byrd, Kenneth)
March 18, 2015 Opinion or Order Filing 1945 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(Arnold, Keri)
March 17, 2015 Opinion or Order Filing 1944 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(Arnold, Keri)
March 16, 2015 Opinion or Order Filing 1943 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company from Multiple Cases by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
March 12, 2015 Opinion or Order Filing 1942 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice from the cases listed on Exhibit A by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(Arnold, Keri)
March 11, 2015 Opinion or Order Filing 1941 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice from cases listed on Exhibit A by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases)(Arnold, Keri)
March 11, 2015 Opinion or Order Filing 1940 RESPONSE re #1936 Order pdf filed by Various Tobacco Companies. (Yarber, John)
March 10, 2015 Opinion or Order Filing 1939 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A--list of cases to be dismissed)(Arnold, Keri)
March 6, 2015 Opinion or Order Filing 1997 ENDORSED ORDER granting #1935 Motion See order #1936. Signed by Judge William G. Young on 3/6/2015. (EES)
March 6, 2015 Opinion or Order Filing 1938 NOTICE by 4432 Individual Tobacco Plaintiffs of Acceptance of Proposal for Settlement by 54 Plaintiffs (Attachments: #1 Exhibit A)(Quinones, Martin)
March 6, 2015 Opinion or Order Filing 1937 ORDER granting #1826 motion to dismiss The motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/6/2015. (EES)
March 6, 2015 Opinion or Order Filing 1936 ORDER Appointing Special Master Signed by Judge William G. Young on 3/6/2015. (Attachments: #1 Exhibit A, #2 Exhibit B)(EES)
March 5, 2015 Opinion or Order Filing 1935 Unopposed MOTION for miscellaneous relief, specifically for Appointment of Special Master by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
March 3, 2015 Opinion or Order Filing 1934 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. from 1 case by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A-list of cases)(Arnold, Keri)
March 2, 2015 Opinion or Order Filing 1933 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: MEDIATION HEARING held on 3/2/2015. Case is reported settled. (digital) (LV)
March 2, 2015 Opinion or Order Filing 1932 ORDER granting in part and denying in part #1825 motion to dismiss ORDERED:The Motion is GRANTED in part and DENIED in part. The motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The motion is DENIED as to all claims in the case listed in Exhibit B to this Order.The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A and Exhibit B. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
March 2, 2015 Opinion or Order Filing 1931 ORDER granting #1824 motion to dismiss ORDERED:The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
March 2, 2015 Opinion or Order Filing 1930 ORDER granting #1823 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
March 2, 2015 Opinion or Order Filing 1929 ORDER granting #1822 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
March 2, 2015 Opinion or Order Filing 1928 ORDER granting #1821 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
March 2, 2015 Opinion or Order Filing 1927 ORDER granting #1820 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
March 2, 2015 Opinion or Order Filing 1926 ORDER granting #1819 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
March 2, 2015 Opinion or Order Filing 1925 ORDER granting #1818 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
March 2, 2015 Opinion or Order Filing 1924 ORDER granting #1817 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 3/2/2015. (EES)
February 27, 2015 Opinion or Order Filing 1923 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A, list of cases to be dismissed)(Arnold, Keri)
February 26, 2015 Opinion or Order Filing 1922 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A, list of cases to be dismissed)(Arnold, Keri)
February 26, 2015 Opinion or Order Filing 1921 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. with prejudice by Philip Morris USA, Inc.. (Attachments: #1 Exhibit A)(Arnold, Keri)
February 25, 2015 Opinion or Order Filing 1920 Joint MOTION to Dismiss Defendant Philip Morris USA Inc. by Philip Morris USA, Inc.. (Attachments: #1 Exhibit List of Cases to be Dismissed)(Arnold, Keri)
February 25, 2015 Opinion or Order Filing 1919 ORDER The Court, having been informed that the defendants R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., and Lorillard Tobacco Company, and those plaintiffs represented by the firms of Motley Rice LLC, Lieff, Cabraser, Heimann and Bernstein, LLP, The Wilner Firm, P.A., and Farah & Farah, P.A., have tentatively agreed upon a settlement, herewith orders:1. To allow the parties to finalize their arrangements, each of these plaintiff's cases is administratively closed for a period through 90 days following approval of the distribution process discussed in the tentative settlement or as such period may reasonably be extended by the Special Master.2. All deadlines, hearings and trials pending in these cases are canceled during this period and may be rescheduled after expiration of this order, if necessary.3. Any of these cases may be reopened upon motion of any party for any reason on or after Wednesday, May 27, 2015, or prior to Wednesday, May 27, 2015, for good cause shown. 4. The cases that are subject to the tentative settlement, and stayed pursuant to this Order, are attached as Exhibit A. 5. The cases that are not subject to the tentative settlement are attached as Exhibit B, and shall proceed pursuant to all Orders presently in effect.6. Exhibit C includes 181 cases that the parties have previously agreed to settle and/or dismiss. The formal paperwork is still in processing by the parties in these cases. All parties are to continue processing Exhibit C cases outside the tentative settlement as promptly as reasonably possible.7. The cases listed on Exhibit D include cases where one or more defendants are pursuing attorney's fees and/or costs. In those cases, the proceedings related to the fee and cost demands, including the time to file any motions, briefing, bill of costs, or other materials, are tolled until final approval of the settlement.8. The Court by copy of this Order will notify the Honorable James I. Cohn that the case of Drake v. R.J. Reynolds Tobacco Co., Case No. 15-80021-CIV-COHN/SELTZER (S.D. Fla.), is also included in the tentative settlement and will recommend that the provisions of this Order apply to that case as well. SO ORDERED. Signed by Judge William G. Young on 2/25/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(EES)
February 24, 2015 Opinion or Order Filing 1918 Joint MOTION to Dismiss 25 Cases With Prejudice by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
February 18, 2015 Opinion or Order Filing 1917 ORDER granting #1845 Motion to Withdraw as Attorney This cause is before the Court on the Motion of Defendant Philip Morris USA Inc. To Allow For The Withdrawal From The Case By One Of Its Named Counsel ("Motion") (Doc. 1845), filed on January 21, 2015. Upon review of the Motion, it is herebyORDERED:Defendant's Motion is GRANTED. The Clerk of Court is DIRECTED to remove Attorney James B. Murphy, Jr., formerly of Shook, Hardy & Bacon L.L.P., from the electronic service list for pleadings in all Engle cases listed in Exhibit A of Doc. 1845. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A of Doc. 1845. SO ORDERED.. Signed by Judge William G. Young on 2/18/2015. (Attachments: #1 Exhibit) (EES)
February 17, 2015 Opinion or Order Filing 1916 RESPONSE in Opposition re #1882 MOTION for miscellaneous relief, specifically Exclude Certain Testimony of Plaintiff's Expert Neil Grunberg, Ph.D. filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(London, Sarah)
February 17, 2015 Opinion or Order Filing 1915 RESPONSE in Opposition re #1881 MOTION for miscellaneous relief, specifically Limit the Testimony of Robert Proctor, Ph.D filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit A)(Haefele, Robert)
February 17, 2015 Opinion or Order Filing 1914 ORDER OF DISMISSAL granting #1910 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 2/17/2015. (EES)
February 17, 2015 Opinion or Order Filing 1913 ORDER OF DISMISSAL granting #1908 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 2/17/2015. (EES) Modified on 2/17/2015 (EES).
February 17, 2015 Opinion or Order Filing 1912 ORDER OF DISMISSAL granting #1907 motion to dismiss Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the cases as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 2/17/2015. (EES) Modified on 2/17/2015 (EES).
February 13, 2015 Opinion or Order Filing 1911 NOTICE by 4432 Individual Tobacco Plaintiffs re #1895 MOTION for John Herrick to appear pro hac vice Notice of Filing Supplement - Corrected Attorney Certification (Oliver, Lance)
February 12, 2015 Opinion or Order Filing 1910 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
February 12, 2015 Opinion or Order Filing 1909 NOTICE of Appearance by Kristen M. Hermiz on behalf of 4432 Individual Tobacco Plaintiffs (Hermiz, Kristen)
February 12, 2015 Opinion or Order Filing 1908 MOTION to Dismiss as to 1 Wave 10 Case by 4432 Individual Tobacco Plaintiffs. (Wilner, Norwood)
February 12, 2015 Opinion or Order Filing 1907 MOTION to Dismiss 3 Wave 9 Cases by All Plaintiffs. (Wilner, Norwood)
February 12, 2015 Opinion or Order Filing 1906 ENDORSED ORDER granting #1843 motion to appear pro hac vice. If Sarah K. Frederick, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 2/12/2015. (ECL)
February 12, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Sarah K. Frederick, appearing on behalf of Philip Morris USA, Inc. (Filing fee $150 receipt number JAX015269.). (TSW)
February 10, 2015 Opinion or Order Filing 1904 JOINT MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A) (Cruz-Alvarez, Rafael) (Modified on 2/12/2015 to edit text) (DSY).
February 10, 2015 Opinion or Order Filing 1903 JOINT MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A) (Cruz-Alvarez, Rafael) (Modified on 2/12/2015 to edit text) (DSY).
February 6, 2015 Opinion or Order Filing 1905 ORDER granting #1777 Motion to dismiss for lack of prosecution The Motion is GRANTED as to all claims in the case listed in Exhibit A to this Order. The action listed is to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close the case. The Clerk of Court is further DIRECTED to terminate the duplicate motion filed in the individual case listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 2/6/2015. (EES)
February 6, 2015 Opinion or Order Filing 1902 ENDORSED ORDER granting #1897 motion to appear pro hac vice. If Kristen M. Hermiz, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 2/6/2015. (ECL)
February 6, 2015 Opinion or Order Filing 1901 ENDORSED ORDER granting #1892 motion to appear pro hac vice. If Anthony J. Martucci, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 2/6/2015. (ECL)
February 6, 2015 Opinion or Order Filing 1900 ENDORSED ORDER granting #1890 motion to appear pro hac vice. If Daniel R. Leathers, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 2/6/2015. (ECL)
February 6, 2015 Opinion or Order Filing 1899 ENDORSED ORDER granting #1879 motion to appear pro hac vice. If Joseph R. Coburn, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 2/6/2015. (ECL)
February 6, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney John E. Herrick, appearing on behalf of 4432 Individual Tobacco Plaintiffs (Filing fee $150 receipt number JAX015199.). (TSW)
February 6, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Kristen M. Hermiz, appearing on behalf of 4432 Individual Tobacco Plaintiffs (Filing fee $150.00 receipt number JAX015199.). (TSW)
February 6, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Daniel R. Leathers, appearing on behalf of 4432 Individual Tobacco Plaintiffs (Filing fee $150 receipt number JAX015200.). (TSW)
February 5, 2015 Opinion or Order Filing 1898 Written designation and consent to act by Lance V. Oliver on behalf of 4432 Individual Tobacco Plaintiffs. Local Counsel: Gregory Maxwell. Non-Resident Counsel: Kristen Hermiz. (Oliver, Lance) Modified on 2/13/2015 to notify counsel re correct case number (AET).
February 5, 2015 Opinion or Order Filing 1897 MOTION for Kristen Hermiz to appear pro hac vice by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit Attorney Certification)(Oliver, Lance) Modified on 2/13/2015 to notify counsel re correct case number (AET).
February 5, 2015 Opinion or Order Filing 1896 Written designation and consent to act by Lance V. Oliver on behalf of 4432 Individual Tobacco Plaintiffs. Local Counsel: Gregory Maxwell. Non-Resident Counsel: John Herrick. (Oliver, Lance)
February 5, 2015 Opinion or Order Filing 1895 MOTION for John Herrick to appear pro hac vice by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Supplement Attorney Certification)(Oliver, Lance) Modified on 2/13/2015 to notify counsel to file an amended motion as the exhibit containing the Special Admission form is for the wrong attorney. (AET).
February 5, 2015 Opinion or Order Filing 1894 ORDER granting #1884 Motion to Withdraw as Attorney Plaintiffs' Motion is GRANTED. The Clerk of Court is DIRECTED to remove Attorney Rebecca M. Deupree, formerly of Motley Rice LLC, from the electronic service list for the pleadings in In re: Engle Cases, No. 3:09-cv-10000-WGY-HTS. SO ORDERED.. Signed by Judge William G. Young on 2/5/2015. (EES)
February 5, 2015 Opinion or Order Filing 1893 Written designation and consent to act by Jeffrey Alan Yarbrough on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Anthony J. Martucci. (Yarbrough, Jeffrey)
February 5, 2015 Opinion or Order Filing 1892 MOTION for Anthony J. Martucci to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Yarbrough, Jeffrey)
February 5, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Anthony J. Martucci, appearing on behalf of Various Tobacco Companies (Filing fee $150 receipt number JAX015189.). (TSW)
February 4, 2015 Opinion or Order Filing 1891 Written designation and consent to act by Robert J. Nelson on behalf of 4432 Individual Tobacco Plaintiffs. Local Counsel: Richard J. Lantinberg. Non-Resident Counsel: Daniel R. Leathers. (Nelson, Robert)
February 4, 2015 Opinion or Order Filing 1890 MOTION for Daniel R. Leathers to appear pro hac vice by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
February 3, 2015 Opinion or Order Filing 1889 ORDER granting #1774 motion to dismiss. Signed by Judge William G. Young on 2/3/2015. (EES)
February 3, 2015 Opinion or Order Filing 1888 ORDER granting #1775 motion to dismiss. Signed by Judge William G. Young on 2/3/2015. (EES)
February 3, 2015 Opinion or Order Filing 1887 ORDER granting #1776 motion to dismiss. Signed by Judge William G. Young on 2/3/2015. (EES)
February 3, 2015 Opinion or Order Filing 1886 ORDER granting #1878 Motion to Withdraw as Attorney Defendant's Motion is GRANTED. The Clerk of Court is DIRECTED to remove Attorney Brittany Hamelers, formerly of Arnold & Porter LLP, from the electronic service list for pleadings in all Engle cases listed in Exhibit A of Doc. 1878. SO ORDERED.. Signed by Judge William G. Young on 2/3/2015. (EES)
February 3, 2015 Opinion or Order Filing 1885 ORDER granting #1877 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 2/3/2015. (EES)
February 3, 2015 Opinion or Order Filing 1884 MOTION for REBECCA M. DEUPREE to withdraw as attorney by 4432 Individual Tobacco Plaintiffs. (Oliver, Lance) (Counsel notified regarding correct Magistrate Judge initials) (Modified on 2/5/2015 to edit text) (DSY).
February 3, 2015 Opinion or Order Filing 1883 NOTICE of Filing Corrected Motion to Exclude Certain Testimony of Plaintiffs' Expert Neil Grunberg, Ph.D. by Various Tobacco Companies re #1882 MOTION for miscellaneous relief, specifically Exclude Certain Testimony of Plaintiff's Expert Neil Grunberg, Ph.D. (Attachments: #1 Main Document, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19) (McGonigle, Maura) (Modified on 2/5/2015 to edit text) (DSY).
February 3, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Joseph R. Coburn, appearing on behalf of Various Tobacco Companies (Filing fee $150 receipt number JAX015127.). (TSW)
February 2, 2015 Opinion or Order Filing 1882 MOTION for miscellaneous relief, specifically Exclude Certain Testimony of Plaintiff's Expert Neil Grunberg, Ph.D. by Various Tobacco Companies. (McGonigle, Maura)
February 2, 2015 Opinion or Order Filing 1881 MOTION for miscellaneous relief, specifically Limit the Testimony of Robert Proctor, Ph.D by Various Tobacco Companies. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(McGonigle, Maura)
February 2, 2015 Opinion or Order Filing 1880 Written designation and consent to act by David Clifford Reeves on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Joseph R. Coburn. (Reeves, David)
February 2, 2015 Opinion or Order Filing 1879 MOTION for Joseph R. Coburn to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Reeves, David)
January 30, 2015 Opinion or Order Filing 1878 Unopposed MOTION for Brittany Hamelers to withdraw as attorney for Philip Morris USA, Inc. by Philip Morris USA, Inc.. (Attachments: #1 Exhibit List of Cases)(McGonigle, Maura)
January 30, 2015 Opinion or Order Filing 1877 MOTION to Dismiss as to 1 Wave 9 Case by All Plaintiffs. (Wilner, Norwood)
January 30, 2015 Opinion or Order Filing 1876 NOTICE of withdrawal of motion by Various Tobacco Companies re #1873 MOTION for Kevin D. Boyce to appear pro hac vice filed by Various Tobacco Companies (Yarbrough, Jeffrey)
January 29, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Kevin D. Boyce, appearing on behalf of Various Tobacco Companies (Filing fee $150 receipt number JAX015057.). (TSW)
January 28, 2015 Opinion or Order Filing 1875 MOTION to Compel Plaintiffs To Produce Their Expert Neil Grunberg, Ph.D. For A One-Hour Deposition Regarding His New Generic Opinion by Various Tobacco Companies. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McGonigle, Maura) Motions referred to Magistrate Judge Joel B. Toomey.
January 28, 2015 Opinion or Order Filing 1874 Written designation and consent to act by David Clifford Reeves on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Kevin D. Boyce. (Reeves, David)
January 28, 2015 Opinion or Order Filing 1873 MOTION for Kevin D. Boyce to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Reeves, David)
January 27, 2015 Opinion or Order Filing 1872 ENDORSED ORDER granting #1865 motion to appear pro hac vice. If Abby A. Wakefield, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/27/2015. (ECL)
January 27, 2015 Opinion or Order Filing 1871 ENDORSED ORDER granting #1851 motion to appear pro hac vice. If Kelly M. Marino, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/27/2015. (ECL)
January 27, 2015 Opinion or Order Filing 1870 ENDORSED ORDER granting #1849 motion to appear pro hac vice. If Nicholas N. Deutsch, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/27/2015. (ECL)
January 26, 2015 Opinion or Order Filing 1869 ORDER granting #1868 motion to dismiss This cause is before the Court on the parties' Joint Motion to Dismiss Defendant R.J. Reynolds Tobacco Company With Prejudice ("Motion") (Doc. 1868), filed on January 25, 2015. Upon review of the Motion, it is herebyORDERED:Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.. Signed by Judge William G. Young on 1/26/2015. (EES)
January 26, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Nicholas N. Deutsch, appearing on behalf of Philip Morris USA, Inc. (Filing fee $150 receipt number JAX015016.). (TSW)
January 26, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Abby A. Wakefield, appearing on behalf of Various Tobacco Companies (Filing fee $150 receipt number JAX015019.). (TSW)
January 25, 2015 Opinion or Order Filing 1868 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company from Multiple Cases by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
January 23, 2015 Opinion or Order Filing 1867 ORDER scheduling mediation conference. Mediation Conference set for 2/20/2015 at 09:30 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 1/23/2015. (FDM)
January 23, 2015 Opinion or Order Filing 1866 Written designation and consent to act by David Clifford Reeves on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Abby A. Wakefield. (Reeves, David)
January 23, 2015 Opinion or Order Filing 1865 MOTION for Abby A. Wakefield to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Reeves, David)
January 23, 2015 Opinion or Order Filing 1864 ENDORSED ORDER granting #1840 motion to appear pro hac vice. If Kathryn L. Dore, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/23/2015. (ECL)
January 23, 2015 Opinion or Order Filing 1863 ENDORSED ORDER granting #1838 motion to appear pro hac vice. If Jeremy J. Gray, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/23/2015. (ECL)
January 23, 2015 Opinion or Order Filing 1862 ENDORSED ORDER granting #1813 motion to appear pro hac vice. If Heather H. Wong, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/23/2015. (ECL)
January 23, 2015 Opinion or Order Filing 1861 ENDORSED ORDER granting #1811 motion to appear pro hac vice. If Truc T. Do, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/23/2015. (ECL)
January 23, 2015 Opinion or Order Filing 1860 TRIAL ASSIGNMENT ORDER (Wave 8 cases) Signed by Judge William G. Young on 1/23/2015. (EES)
January 23, 2015 Opinion or Order Filing 1859 ENDORSED ORDER granting #1807 motion to appear pro hac vice. If Pamela J. Yates, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/23/2015. (ECL)
January 23, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Deborah D. Kuchler, appearing on behalf of Philip Morris USA, Inc. (Filing fee $150 receipt number JAX015001.). (TSW) Modified on 1/23/2015 (MJT).
January 23, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Paul F. Ware, appearing on behalf of Philip Morris USA, Inc. (Filing fee $150 receipt number JAX015000.). (TSW)
January 22, 2015 Opinion or Order Filing 1858 ENDORSED ORDER granting #1797 motion to appear pro hac vice. If Michael McLaughlin, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/22/2015. (ECL)
January 22, 2015 Opinion or Order Filing 1857 ENDORSED ORDER granting #1795 motion to appear pro hac vice. If Anna Claire Skinner, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/22/2015. (ECL)
January 22, 2015 Opinion or Order Filing 1856 ENDORSED ORDER granting #1771 motion to appear pro hac vice. If Anne B. Shaver, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/22/2015. (ECL)
January 22, 2015 Opinion or Order Filing 1855 ENDORSED ORDER granting #1769 motion to appear pro hac vice. If Kevin R. Budner, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/22/2015. (ECL)
January 22, 2015 Opinion or Order Filing 1854 ENDORSED ORDER granting #1835 motion to appear pro hac vice. If Paul F. Ware, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/22/2015. (ECL)
January 22, 2015 Opinion or Order Filing 1853 ENDORSED ORDER granting #1830 motion to appear pro hac vice. If Deborah D. Kuchler, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 1/22/2015. (ECL)
January 22, 2015 Opinion or Order Filing 1852 Written designation and consent to act by David Clifford Reeves on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Kelly M. Marino. (Reeves, David)
January 22, 2015 Opinion or Order Filing 1851 MOTION for Kelly M. Marino to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Reeves, David)
January 22, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Kelly M. Marino, appearing on behalf of Various Tobacco Companies (Filing fee $150 receipt number JAX014997.). (TSW)
January 21, 2015 Opinion or Order Filing 1850 Written designation and consent to act by William Edwards Muniz on behalf of Philip Morris USA, Inc.. Local Counsel: W. Edwards Muniz. Non-Resident Counsel: Nicholas Deutsch. (Muniz, William)
January 21, 2015 Opinion or Order Filing 1849 MOTION for Nicholas Deutsch to appear pro hac vice by Philip Morris USA, Inc.. (Muniz, William)
January 21, 2015 Opinion or Order Filing 1848 ENDORSED ORDER granting #1837 motion to dismiss See order #1846. Signed by Judge William G. Young on 1/21/2015. (EES)
January 21, 2015 Opinion or Order Filing 1847 ORDER Of DISMISSAL granting #1842 motion to dismiss This cause is before the Court on the parties' Joint Motion to Dismiss Defendant Phillip Morris USA With Prejudice ("Motion") (Doc. 1842), filed on January 17, 2015. Upon review of the Motion, it is herebyORDERED:Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Philip Morris USA are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Philip Morris USA only.. Signed by Judge William G. Young on 1/21/2015. (EES)
January 21, 2015 Opinion or Order Filing 1846 ORDER OF DISMISSAL Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED. Signed by Judge William G. Young on 1/21/2015. (EES)
January 21, 2015 Opinion or Order Filing 1845 MOTION for James B. Murphy, Jr. to withdraw as attorney by Philip Morris USA, Inc.. (Attachments: #1 Exhibit Case List)(Kamm, Cathy)
January 20, 2015 Opinion or Order Filing 1844 Written designation and consent to act by Daniel F. Molony on behalf of Various Tobacco Companies. Local Counsel: Daniel F. Molony. Non-Resident Counsel: Sarah K. Frederick. (Molony, Daniel)
January 20, 2015 Opinion or Order Filing 1843 MOTION for Sarah K. Frederick to appear pro hac vice by Various Tobacco Companies. (Molony, Daniel)
January 17, 2015 Opinion or Order Filing 1842 Joint MOTION to Dismiss 28 Cases as to PM USA by Various Tobacco Companies. (Foster, Nathan)
January 16, 2015 Opinion or Order Filing 1841 Written designation and consent to act by Jeffrey Alan Yarbrough on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Kathryn L. Dore. (Yarbrough, Jeffrey)
January 16, 2015 Opinion or Order Filing 1840 MOTION for Kathryn L. Dore to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Yarbrough, Jeffrey)
January 16, 2015 Opinion or Order Filing 1839 Written designation and consent to act by Jeffrey Alan Yarbrough on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Jeremy J. Gray. (Yarbrough, Jeffrey)
January 16, 2015 Opinion or Order Filing 1838 MOTION for Jeremy J. Gray to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Yarbrough, Jeffrey)
January 16, 2015 Opinion or Order Filing 1837 MOTION to Dismiss 1 Wave 9 Case by All Plaintiffs. (Wilner, Norwood)
January 16, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jeremy J. Gray, appearing on behalf of Various Tobacco Companies (Filing fee $150 receipt number JAX014933.). (TSW)
January 16, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Kathryn L. Dore, appearing on behalf of Various Tobacco Companies (Filing fee $150 receipt number JAX014934.). (TSW)
January 15, 2015 Opinion or Order Filing 1836 Written designation and consent to act by Daniel F. Molony on behalf of Various Tobacco Companies. Local Counsel: Daniel F. Molony. Non-Resident Counsel: Paul F. Ware. (Molony, Daniel)
January 15, 2015 Opinion or Order Filing 1835 MOTION for Paul F. Ware to appear pro hac vice by Various Tobacco Companies. (Molony, Daniel)
January 15, 2015 Opinion or Order Filing 1834 Written designation and consent to act by Daniel F. Molony on behalf of Various Tobacco Companies. Local Counsel: Daniel F. Molony. Non-Resident Counsel: Deborah D. Kuchler. (Molony, Daniel)
January 14, 2015 Opinion or Order Filing 1833 Incomplete .pdf attached, re-filed as #1836. Written designation and consent to act by Daniel F. Molony on behalf of Various Tobacco Companies. Local Counsel: Daniel F. Molony. Non-Resident Counsel: Paul F. Ware. (Molony, Daniel) Modified on 1/15/2015 to edit text (NAS).
January 14, 2015 Opinion or Order Filing 1832 Incomplete .pdf attached, re-filed as #1835. MOTION for Paul F. Ware to appear pro hac vice by Various Tobacco Companies. (Molony, Daniel) Modified on 1/15/2015 to edit text (NAS).
January 14, 2015 Opinion or Order Filing 1831 Incomplete .pdf attached, re-filed as #1834. Written designation and consent to act by Daniel F. Molony on behalf of Various Tobacco Companies. Local Counsel: Daniel F. Molony. Non-Resident Counsel: Deborah D. Kuchler. (Molony, Daniel) Modified on 1/15/2015 (NAS).
January 14, 2015 Opinion or Order Filing 1830 MOTION for Deborah D. Kuchler to appear pro hac vice by Various Tobacco Companies. (Molony, Daniel)
January 13, 2015 Opinion or Order Filing 1829 ENDORSED ORDER that by Friday, January 16, 2015, R.J. Reynolds shall notify the Court whether it intends to pursue its motion for attorneys fees and costs in light of Pickett v. R.J. Reynolds Tobacco Co., 564 F. App'x 981 (11th Cir. 2014). If Reynolds elects to pursue its motion, plaintiff shall have until Friday, February 13, 2015, to file and serve a memorandum and law in opposition; Reynolds shall file its reply memorandum of law, if any, by Friday, February 27, 2015. Signed by Judge Frederic Block on 1/13/2015. (AG)
January 13, 2015 Opinion or Order Filing 1828 MEMORANDUM AND ORDER denying (145) Motion for Judgment as a Matter of Law or in the alternative Motion for New Trial in case 3:09-cv-11080-WGY-JBT. Signed by Judge Frederic Block on 1/13/2015. (AG)
January 13, 2015 Opinion or Order Filing 1827 ORDER granting #1815 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 1/13/2015. (EES)
January 12, 2015 Opinion or Order Filing 1826 MOTION to Dismiss For Failure to Comply with Court Order - 20 Cases by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1825 MOTION to Dismiss For Failure to Comply with Court Order - 16 Cases by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1824 MOTION to Dismiss For Failure to Comply with Court Order - 10 Cases by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1823 MOTION to Dismiss For Failure to Comply with Court Order - 3 Cases by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1822 MOTION to Dismiss For Failure to Comply with Court Order - 1 Case by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1821 MOTION to Dismiss For Failure to Comply with Court Order - 1 Case by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1820 MOTION to Dismiss For Failure to Comply with Court Order - 1 Case by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1819 MOTION to Dismiss For Failure to Comply with Court Order - 1 Case by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1818 MOTION to Dismiss For Failure to Comply with Court Order - 1 Case by Various Tobacco Companies. (Yarber, John)
January 12, 2015 Opinion or Order Filing 1817 MOTION to Dismiss For Failure to Comply with Court Order - 1 Case by Various Tobacco Companies. (Yarber, John)
January 9, 2015 Opinion or Order Filing 1815 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
January 9, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Heather H. Wong, appearing on behalf of 4432 Individual Tobacco Plaintiffs (Filing fee $150 receipt number JAX014866.). (TSW)
January 8, 2015 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Truc T. Do, appearing on behalf of Various Tobacco Companies (Filing fee $150 receipt number JAX014857.). (TSW)
January 7, 2015 Opinion or Order Filing 1814 Written designation and consent to act by Robert J. Nelson on behalf of 4432 Individual Tobacco Plaintiffs. Local Counsel: Richard Lantinberg. Non-Resident Counsel: Heather H. Wong. (Nelson, Robert)
January 7, 2015 Opinion or Order Filing 1813 MOTION for Heather H. Wong to appear pro hac vice by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
January 7, 2015 Opinion or Order Filing 1812 Written designation and consent to act by David Clifford Reeves on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Truc T. Do. (Reeves, David)
January 7, 2015 Opinion or Order Filing 1811 MOTION for Truc T. Do to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Reeves, David)
January 7, 2015 Opinion or Order Filing 1810 NOTICE of compliance re #1809 Order on Motion to Withdraw as Attorney by 4432 Individual Tobacco Plaintiffs (Wilner, Norwood)
January 7, 2015 Opinion or Order Filing 1809 ORDER granting #1805 Motion to Withdraw as Attorney 1. Plaintiffs' counsels' Motion is GRANTED. The Clerk of Court is DIRECTED to remove from the CM/ECF electronic service list for pleadings in the cases listed in Exhibit A, the names of all counsel who have appeared as counsel for Plaintiffs in those Engle-progeny cases. The Clerk of Court is further DIRECTED to add Plaintiffs' mailing addresses to the electronic service list. Plaintiffs shall keep the Court and defense counsel informed of any address changes.2. The Clerk of Court is further DIRECTED to ADMINISTRATIVELY CLOSE the cases. Plaintiffs in the cases listed in Exhibit A shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiffs shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within thirty (30) days of the filing of this Order. Failure to do so will result in dismissal with prejudice as to all claims in the cases for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).3. Plaintiffs' counsels shall serve a copy of this Order on Plaintiffs and file a certificate of service to that effect within fifteen days (15) of the filing of this Order. The Court expects Plaintiffs' counsels will perform those duties necessary to transfer the files to either Plaintiffs or replacement counsel.SO ORDERED.. Signed by Judge William G. Young on 12/30/2014. (EES)
January 6, 2015 Opinion or Order Filing 1808 CONSENT ORDER Regarding Electronic Equipment. See Order for further details. Signed by Mary M. Lisi on 1/6/2015. (PAM)
January 6, 2015 Opinion or Order Filing 1807 Unopposed MOTION for Pamela J. Yates to appear pro hac vice by Engle Cases. (Davis, Steven)
January 5, 2015 Opinion or Order ***PRO HAC Special Admission Attorney Certification Forms filed by attorneys Anna Claire Skinner and Michael McLaughlin. (MJT) ***Duplicate entry. Fees paid on 12/17/14.*** Modified on 1/8/2015 (MJT).
December 31, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Pamela Joan Yates, appearing on behalf of Various Tobacco Companies (Filing fee $10 receipt number JAX14768). (MJT)
December 31, 2014 Opinion or Order Filing 1806 Written designation and consent to act by Steven W. Davis on behalf of Engle Cases. Local Counsel: Steven W. Davis. Non-Resident Counsel: Pamela J. Yates. (Attachments: #1 Affidavit)(Davis, Steven)
December 31, 2014 Opinion or Order Mail returned as Undeliverable re: #1793 Order on motion to dismiss. Envelope labeled not deliverable as addressed, unable to forward. (AET)
December 31, 2014 Opinion or Order Mail returned as Undeliverable re: #1793 Order on motion to dismiss (not deliverable as addressed, unable to forward) as to Donna Seymour. (AET)
December 29, 2014 Opinion or Order Filing 1816 ORDER granting #1804 motion to dismiss. Signed by Judge William G. Young on 12/29/2014. (EES)
December 29, 2014 Opinion or Order Filing 1805 Joint MOTION for to withdraw as attorney by All Plaintiffs. (Wilner, Norwood)
December 29, 2014 Opinion or Order Mail returned as Undeliverable (Unable to Forward) as to Pamela Cole at 4435 Touchton Rd. E., Apt. 823, Jacksonville, FL 32246 re: #1793 Order on motion to dismiss. (DSY)
December 24, 2014 Opinion or Order Filing 1804 Joint MOTION to Dismiss Defendant Philip Morris USA, Inc. by Various Tobacco Companies. (Attachments: #1 Exhibit)(Foster, Nathan)
December 22, 2014 Opinion or Order Filing 1803 ORDER OF DISMISSAL granting #1801 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 12/22/2014. (EES)
December 22, 2014 Opinion or Order Filing 1802 ORDER granting #1799 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.. Signed by Judge William G. Young on 12/22/2014. (EES)
December 19, 2014 Opinion or Order Filing 1801 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
December 19, 2014 Opinion or Order Filing 1799 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
December 18, 2014 Opinion or Order Filing 1800 ORDER denying #1794 Motion to Reassign Case.. Signed by Judge William G. Young on 12/18/2014. (EES)
December 17, 2014 Opinion or Order Filing 1798 Written designation and consent to act by Jeffrey Alan Yarbrough on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Michael McLaughlin. (Yarbrough, Jeffrey)
December 17, 2014 Opinion or Order Filing 1797 MOTION for Michael McLaughlin to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Yarbrough, Jeffrey)
December 17, 2014 Opinion or Order Filing 1796 Written designation and consent to act by Jeffrey Alan Yarbrough on behalf of Various Tobacco Companies. Local Counsel: Robert B. Parrish. Non-Resident Counsel: Anna Claire Skinner. (Yarbrough, Jeffrey)
December 17, 2014 Opinion or Order Filing 1795 MOTION for Anna Claire Skinner to appear pro hac vice by Various Tobacco Companies. (Attachments: #1 Special Admission Form)(Yarbrough, Jeffrey)
December 17, 2014 Opinion or Order Filing 1794 Unopposed MOTION to Reassign Case DEFENDANTS' UNOPPOSED MOTION TO REASSIGN CASE TO WAVE 9 by Various Tobacco Companies. (Foster, Nathan)
December 17, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Michael McLaughlin, appearing on behalf of Various Tobacco Companies (Filing fee $10 receipt number JAX014686.). (TSW)
December 17, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Anna Claire Skinner, appearing on behalf of Various Tobacco Companies (Filing fee $10 receipt number JAX014686.). (TSW)
December 16, 2014 Opinion or Order Filing 1793 ORDER granting #1692 motion to dismiss ORDERED:The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 12/16/2014. (Attachments: #1 Exhibit A) (EES)
December 16, 2014 Opinion or Order Filing 1792 ORDER granting #1691 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 12/16/2014. (Attachments: #1 Exhibit A) (EES)
December 16, 2014 Opinion or Order Filing 1791 ORDER granting #1690 motion to dismiss The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 12/16/2014. (Attachments: #1 Exhibit A) (EES)
December 16, 2014 Opinion or Order Filing 1790 ORDER "Pending the approval of pre-trial memoranda in the cases listed below, the cases are hereby set for trial. In each of these cases trial is not to exceed eight days. The cases are assigned for trial as follows: 1. Brown, 3:09-cv-10687, assigned to Judge Savage for trial in Tampa, trial to commence on January 12, 2015. 2. Corcoran, 3:09-cv-11363, assigned to Judge Schiller for trial in Orlando, trial to commence on January 12, 2015.3. Gray, 3:09-cv-13603, assigned to Judge Benitez for trial in Fort Myers, trial to commence on January 20, 2015.4. Hecht, 3:09-cv-11228, assigned to Judge Siler for trial in Jacksonville, trial to commence on February 2, 2015.5. Landau, 3:09-cv-13728, assigned to Judge Eginton for trial in Orlando, trial to commence on February 2, 2015.6. Lennox, 3:09-cv-13744, assigned to Judge Burns for trial in Tampa, trial to commence on February 2, 2015.7. Sowers, 3:09-cv-11829, assigned to Judge Aspen for trial in Fort Myers, trial to commence on February 2, 2015.8. Woodruff, 3:09-cv-12594, assigned to Judge Garbis for trial in Jacksonville, trial to commence on February 17, 2015.9. Zamboni, 3:09-cv-11957, assigned to Judge Scheindlin for trial in Orlando, trial to commence on February 17, 2015.10. Wozniak, 3:09-cv-11941, assigned to Judge Lisi for trial in Jacksonville, trial to commence on February 23, 2015.11. McLeod, 3:09-cv-14246, assigned to Judge Block for trial in Fort Myers, trial to commence on February 23, 2015.12. Dybas, 3:09-cv-13698, assigned to Judge Steeh for trial in Fort Myers, trial to commence on March 9, 2015.13. Harforfd, 3:09-cv-13744, assigned to Judge Block for trial in Fort Myers, trial to commence on March 23, 2015.SO ORDERED." Signed by Judge William G. Young on 12/16/2014. (EES)
December 12, 2014 Opinion or Order Filing 1786 RESPONSE re #1781 Notice of withdrawal of motion, re #1756 MOTION for All Plaintiffs' Counsel to withdraw as attorney from 1 Specific Wave 8 Case filed by Various Tobacco Companies. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Stoever, Thomas) Modified on 12/16/2014 to edit text(KJR). Modified on 12/16/2014 Counsel contacted to refile their Motion as a separate pleading (KJR).
December 11, 2014 Opinion or Order Filing 1789 ENDORSED ORDER granting #1773 Motion to supplement. Signed by Judge William G. Young on 12/11/2014. (EES)
December 11, 2014 Opinion or Order Filing 1788 ORDER of Dismissal granting #1784 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant R.J. Reynolds Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant R.J. Reynolds Tobacco Company only. SO ORDERED.. Signed by Judge William G. Young on 12/11/2014. (Attachments: #1 Exhibit A) (EES)
December 11, 2014 Opinion or Order Filing 1787 ORDER granting #1780 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in the individual cases listed in Exhibit A. SO ORDERED.. Signed by Judge William G. Young on 12/11/2014. (Attachments: #1 Exhibit A) (EES)
December 11, 2014 Opinion or Order Filing 1785 ORDER denying #1621 Renewed Motion for Improved Jury Selection. Signed by Judge Timothy J. Corrigan, Judge Roy B. Dalton, Jr. and Judge Marcia Morales Howard on 12/11/2014. (AKJ)
December 10, 2014 Opinion or Order Filing 1784 Joint MOTION to Dismiss R.J. Reynolds Tobacco Company from the Cases Listed in Exhibit A by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
December 10, 2014 Opinion or Order Filing 1783 MOTION for issuance of Order to Set Dates Certain and Locations of Trials by Various Tobacco Companies. (Cruz-Alvarez, Rafael) Motions referred to Magistrate Judge Joel B. Toomey.
December 10, 2014 Opinion or Order Filing 1782 ORDER Wave Ten CMO Provisions for Pretrial Matters re #1765 Signed by Judge William G. Young on 12/10/2014. (EES)
December 10, 2014 Opinion or Order Filing 1781 NOTICE of withdrawal of motion by 4432 Individual Tobacco Plaintiffs re #1756 MOTION for All Plaintiffs' Counsel to withdraw as attorney from 1 Specific Wave 8 Case filed by 4432 Individual Tobacco Plaintiffs (Wilner, Norwood)
December 9, 2014 Opinion or Order Filing 1780 Joint MOTION to Dismiss Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
December 9, 2014 Opinion or Order Filing 1779 NOTICE of compliance re #1760 Order on Motion to Withdraw as Attorney by 4432 Individual Tobacco Plaintiffs (Wilner, Norwood)
December 9, 2014 Opinion or Order Filing 1778 NOTICE of compliance re #1759 Order on Motion to Withdraw as Attorney by 4432 Individual Tobacco Plaintiffs (Wilner, Norwood)
December 8, 2014 Opinion or Order Filing 1777 MOTION to dismiss for lack of prosecution and failure to comply with Court orders - 1 case by Various Tobacco Companies. (Yarber, John)
December 8, 2014 Opinion or Order Filing 1776 MOTION to Dismiss For Failure to Comply with Court Order - 1 Case by Various Tobacco Companies. (Yarber, John)
December 8, 2014 Opinion or Order Filing 1775 MOTION to Dismiss For Failure to Comply with Court Order - 12 Cases by Various Tobacco Companies. (Yarber, John)
December 8, 2014 Opinion or Order Filing 1774 MOTION to Dismiss For Failure to Comply with Court Order - 5 Cases by Various Tobacco Companies. (Yarber, John)
December 8, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Kevin R. Budner, appearing on behalf of 4432 Individual Tobacco Plaintiffs (Filing fee $10 receipt number JAX014575.). (TSW)
December 8, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Anne B. Shaver, appearing on behalf of 4432 Individual Tobacco Plaintiffs (Filing fee $10 receipt number JAX014576.). (TSW)
December 5, 2014 Opinion or Order Filing 1773 Unopposed MOTION to supplement the Record by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit A - Authorization Forms)(Cabraser, Elizabeth)
December 5, 2014 Opinion or Order Filing 1772 Written designation and consent to act by Robert J. Nelson on behalf of 4432 Individual Tobacco Plaintiffs. Local Counsel: Richard Lantinberg. Non-Resident Counsel: Anne B. Shaver. (Nelson, Robert)
December 5, 2014 Opinion or Order Filing 1771 MOTION for Anne B. Shaver to appear pro hac vice by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
December 5, 2014 Opinion or Order Filing 1770 Written designation and consent to act by Robert J. Nelson on behalf of 4432 Individual Tobacco Plaintiffs. Local Counsel: Richard Lantinberg. Non-Resident Counsel: Kevin R. Budner. (Nelson, Robert)
December 5, 2014 Opinion or Order Filing 1769 MOTION for Kevin R. Budner to appear pro hac vice by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
December 5, 2014 Opinion or Order Filing 1768 ORDER granting #1766 Motion to Withdraw as Attorney. Signed by Judge William G. Young on 12/5/2014. (EES)
December 4, 2014 Opinion or Order Filing 1767 ORDER OF DISMISSAL granting #1758 motion to dismiss. Signed by Judge William G. Young on 12/4/2014. (EES)
December 4, 2014 Opinion or Order Filing 1766 MOTION for Katherine L. Moll to withdraw as attorney by Various Tobacco Companies. (Yarbrough, Jeffrey)
December 3, 2014 Opinion or Order Filing 1765 NOTICE by Various Tobacco Companies of Filing the Parties' Wave Ten Proposed CMO Provisions for Pretrial Matters (Beaver, Renee)
December 3, 2014 Opinion or Order Filing 1764 ORDER SCHEDULING PRELIMINARY MEDIATION CONFERENCE. Signed by Magistrate Judge Anthony E. Porcelli on 12/3/2014. (FDM)
December 3, 2014 Opinion or Order Filing 1758 MOTION to Dismiss 1 Wave 10 Case by All Plaintiffs. (Wilner, Norwood)
December 2, 2014 Opinion or Order Filing 1757 Unopposed MOTION for Extension of Time to File Wave 10 Certifications by All Plaintiffs. (Ledlie, James)
December 2, 2014 Opinion or Order Filing 1756 MOTION for All Plaintiffs' Counsel to withdraw as attorney from 1 Specific Wave 8 Case by All Plaintiffs. (Wilner, Norwood)
December 1, 2014 Opinion or Order Filing 1763 ORDER OF DISMISSAL granting #1753 motion to dismiss. Signed by Judge William G. Young on 12/1/2014. (Attachments: #1 Exhibit A) (EES)
November 30, 2014 Opinion or Order Filing 1762 ORDER OF DISMISSAL granting #1744 motion to dismiss. Signed by Judge William G. Young on 11/30/2014. (EES)
November 30, 2014 Opinion or Order Filing 1761 ORDER OF DISMISSAL granting #1743 motion to dismiss. Signed by Judge William G. Young on 11/30/2014. (EES)
November 30, 2014 Opinion or Order Filing 1760 ORDER granting #1742 Motion to Withdraw as Attorney. Signed by Judge William G. Young on 11/30/2014. (Attachments: #1 Exhibit A) (EES)
November 30, 2014 Opinion or Order Filing 1759 ORDER granting #1741 Motion to Withdraw as Attorney. Signed by Judge William G. Young on 11/30/2014. (Attachments: #1 Exhibit A) (EES)
November 25, 2014 Opinion or Order Filing 1755 CERTIFICATE of compliance re #1750 Order on Motion to Withdraw as Attorney by 4432 Individual Tobacco Plaintiffs. (Wilner, Norwood)
November 25, 2014 Opinion or Order Filing 1754 CERTIFICATE of compliance re #1717 Order on Motion to Withdraw as Attorney, #1714 Order on Motion to Withdraw as Attorney, #1720 Order on Motion to Withdraw as Attorney by 4432 Individual Tobacco Plaintiffs. (Wilner, Norwood)
November 25, 2014 Opinion or Order Filing 1753 Joint MOTION to Dismiss Defendant R.J. Reynolds Tobacco Company With Prejudice by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
November 25, 2014 Opinion or Order Filing 1752 Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: TELEPHONE CONFERENCE held on 11/25/2014. (digital) (LV)
November 24, 2014 Opinion or Order Filing 1751 ORDER OF DISMISSAL re #1734This cause is before the Court on the parties' Joint Stipulation of Dismissal With Prejudice as to R.J. Reynolds Tobacco Company, Philip Morris USA Inc., and Lorillard Tobacco Company ("Stipulation") (Doc. 1734), filed on November 17, 2014. Upon review of the Stipulation, it is herebyORDERED:The cases listed in Exhibit A are DISMISSED WITH PREJUDICE in their entirety pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear its own costs and attorneys' fees. The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close the cases. SO ORDERED. Signed by Judge William G. Young on 11/24/2014. (EES)
November 24, 2014 Opinion or Order Filing 1750 ORDER granting #1733 Motion to Withdraw as Attorney. Signed by Judge William G. Young on 11/24/2014. (Attachments: #1 Exhibit A) (EES)
November 24, 2014 Opinion or Order Filing 1749 ORDER OF DISMISSAL granting #1739 motion to dismiss This cause is before the Court on the parties' Agreed Motion to Dismiss With Prejudice As To 2 Wave 8 Cases ("Motion") (Doc. 1739), filed on November 19, 2014. Upon review of the Motion, it is herebyORDERED:Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 11/24/2014. (EES)
November 24, 2014 Opinion or Order Filing 1748 ORDER OF DISMISSAL granting #1738 motion to dismiss This cause is before the Court on the parties' Agreed Motion to Dismiss With Prejudice As To 2 Wave 9 Cases ("Motion") (Doc. 1738), filed on November 19, 2014. Upon review of the Motion, it is herebyORDERED:Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 11/24/2014. (EES)
November 24, 2014 Opinion or Order Filing 1744 MOTION to Dismiss as to 1 Wave 8 Case by All Plaintiffs. (Wilner, Norwood)
November 24, 2014 Opinion or Order Filing 1743 MOTION to Dismiss As to 1 Wave 9 Case by All Plaintiffs. (Wilner, Norwood)
November 24, 2014 Opinion or Order Filing 1742 MOTION for All Plaintiffs' Counsel to withdraw as attorney from 3 Wave 9 Cases by All Plaintiffs. (Wilner, Norwood)
November 24, 2014 Opinion or Order Filing 1741 MOTION for All Plaintiffs' Counsel to withdraw as attorney from 17 Wave 8 Cases by All Plaintiffs. (Wilner, Norwood)
November 21, 2014 Opinion or Order Filing 1740 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
November 20, 2014 Opinion or Order Filing 1747 ORDER OF DISMISSAL granting #1729 motion to dismiss Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 11/20/2014. (EES)
November 20, 2014 Opinion or Order Filing 1746 ORDER OF DISMISSAL granting #1728 motion to dismiss Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 11/20/2014. (EES)
November 20, 2014 Opinion or Order Filing 1745 ORDER OF DISMISSAL granting #1727 motion to dismiss Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 11/20/2014. (EES)
November 19, 2014 Opinion or Order Filing 1739 MOTION to Dismiss 2 Wave 8 Cases by All Plaintiffs. (Wilner, Norwood)
November 19, 2014 Opinion or Order Filing 1738 MOTION to Dismiss 2 Wave 9 Cases by All Plaintiffs. (Wilner, Norwood)
November 17, 2014 Opinion or Order Filing 1736 RESPONSE in Opposition re #1710 MOTION in limine Pertaining to All Cases filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit)(Byrd, Kenneth)
November 17, 2014 Opinion or Order Filing 1735 RESPONSE in Opposition re #1709 MOTION for miscellaneous relief, specifically TO LIMIT THE TESTIMONY OF ROBERT PROCTOR, PH.D. filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit H1)(Oliver, Lance)
November 17, 2014 Opinion or Order Filing 1734 STIPULATION of Dismissal Joint Stipulation of Dismissal With Prejudice by Various Tobacco Companies. (Openchowski, Mallori)
November 17, 2014 Opinion or Order Filing 1733 Fourth MOTION for All Plaintiffs' Counsel to withdraw as attorney from 10 Specific Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
November 14, 2014 Opinion or Order Filing 1732 NOTICE of hearing pursuant to Order #1701. Telephonic Status and Scheduling Conference set for 11/25/2014 at 10:00 AM before Magistrate Judge Anthony E. Porcelli. The parties may appear by calling toll-free 1-888-684-8852 on the day of the hearing and entering access code 8895301 followed by security code 1125. (FDM)
November 12, 2014 Opinion or Order Filing 1737 ORDER granting #1726 Motion to Withdraw as Attorney ORDERED:1. Plaintiff's counsels' Motion is GRANTED. The Clerk of Court is DIRECTED to remove from the CM/ECF electronic service list for pleadings in the case listed in Exhibit A, the names of all counsel who have appeared as counsel for Plaintiff in that Engle-progeny case. The Clerk of Court is further DIRECTED to add Plaintiff's mailing address to the electronic service list. Plaintiff shall keep the Court and defense counsel informed of any address changes.2. The Clerk of Court is further DIRECTED to ADMINISTRATIVELY CLOSE the case. Plaintiff in the case listed in Exhibit A shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiff shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within thirty (30) days of the filing of this Order. Failure to do so will result in dismissal with prejudice as to all claims in the cases for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).3. Plaintiff's counsels shall serve a copy of this Order on Plaintiff and file a certificate of service to that effect within fifteen days (15) of the filing of this Order. The Court expects Plaintiff's counsels will perform those duties necessary to transfer the files to either Plaintiff or replacement counsel.SO ORDERED.. Signed by Judge William G. Young on 11/12/2014. (Attachments: #1 Exhibit A) (EES)
November 12, 2014 Opinion or Order Filing 1731 CERTIFICATE OF SERVICE re #1714 Order on Motion to Withdraw as Attorney by 4432 Individual Tobacco Plaintiffs (Wilner, Norwood) (Counsel notified regarding correct Magistrate Judge initials as to 3:09-cv-10000-WGY-JBT) (Modified on 11/17/2014 to edit text) (DSY).
November 12, 2014 Opinion or Order Filing 1730 CERTIFICATE OF SERVICE re #1719 Order on Motion to Withdraw as Attorney by 4432 Individual Tobacco Plaintiffs (Wilner, Norwood) (Counsel notified regarding correct Magistrate Judge initials) (Modified on 11/17/2014 to edit text) (DSY).
November 12, 2014 Opinion or Order Filing 1729 SIXTH AGREED MOTION to Dismiss with Prejudice as to 1 Wave 10 Case by All Plaintiffs. (Wilner, Norwood) (Counsel notified regarding correct Magistrate Judge initials as to 3:09-cv-10000-WGY-JBT) (Modified on 11/17/2014 to edit text) (DSY).
November 12, 2014 Opinion or Order Filing 1728 FIFTH AGREED MOTION to Dismiss with Prejudice as to 1 Wave 10 Case by All Plaintiffs. (Wilner, Norwood) (Counsel notified regarding correct Magistrate Judge initials as to 3:09-cv-10000-J-WGY-JBT) (Modified on 11/17/2014 to edit text) (DSY).
November 12, 2014 Opinion or Order Filing 1727 MOTION for leave to appeal in forma pauperis/affidavit of indigency , MOTION to Dismiss as to 1 Wave 8 Case by All Plaintiffs. (Wilner, Norwood)
November 11, 2014 Opinion or Order Filing 1726 UNOPPOSED MOTION for All Plaintiff's Counsel to withdraw as attorney from 1 Wave 9 Case by All Plaintiffs. (Smith, Elizabeth) Modified on 11/26/2014 to edit text (PAM).
November 7, 2014 Opinion or Order Filing 1725 JOINT MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael) Modified on 11/28/2014 to edit text (PAM).
November 7, 2014 Opinion or Order Filing 1724 ORDER OF DISMISSAL re #1648 Signed by Judge William G. Young on 11/7/2014. (Attachments: #1 Exhibit A)(EES)
November 7, 2014 Opinion or Order Filing 1723 ORDER granting #1641 Motion This cause is before the Court on parties' Joint Motion to Reassign Cases to Wave 9 ("Motion") (Doc. 1641), filed September 3, 2014. Upon review of the Motion, it is hereby ORDERED:Parties' Motion is GRANTED. The actions listed in Exhibit A to this Order against Defendants R.J. Reynolds Tobacco Company, Philip Morris USA Inc., and Lorillard Tobacco Company, are REASSIGNED to Wave 9, effective November 7, 2014. The Clerk of Court is DIRECTED to remove the cases from their current assignments and reassign them to Wave 9. The Clerk of Court is further DIRECTED to terminate the duplicate motions filed in each individual docket. SO ORDERED.. Signed by Judge William G. Young on 11/7/2014. (Attachments: #1 Exhibit A) (EES)
November 4, 2014 Opinion or Order Filing 1722 ORDER OF DISMISSAL granting #1704 motion to dismiss. Signed by Judge William G. Young on 11/4/2014. (Attachments: #1 Exhibit A) (EES)
November 4, 2014 Opinion or Order Filing 1721 ORDER granting #1708 Motion to Withdraw ORDERED:1. Plaintiff's counsels' Motion is GRANTED. The Clerk of Court is DIRECTED to remove from the CM/ECF electronic service list for pleadings in the case listed in Exhibit A, the names of all counsel who have appeared as counsel for Plaintiff in that Engle-progeny case. The Clerk of Court is further DIRECTED to add Plaintiff's mailing address to the electronic service list. Plaintiff shall keep the Court and defense counsel informed of any address changes.2. The Clerk of Court is further DIRECTED to ADMINISTRATIVELY CLOSE the case. Plaintiff in the case listed in Exhibit A shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiff shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within thirty (30) days of the filing of this Order. Failure to do so will result in dismissal with prejudice as to all claims in the cases for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).3. Plaintiff's counsels shall serve a copy of this Order on Plaintiff and file a certificate of service to that effect within fifteen days (15) of the filing of this Order. The Court expects Plaintiff's counsels will perform those duties necessary to transfer the files to either Plaintiff or replacement counsel.SO ORDERED.. Signed by Judge William G. Young on 11/4/2014. (Attachments: #1 Exhibit a) (EES)
November 4, 2014 Opinion or Order Filing 1720 ORDER granting #1707 Motion to Withdraw as Attorney ORDERED:1. Plaintiffs' counsels' Motion is GRANTED. The Clerk of Court is DIRECTED to remove from the CM/ECF electronic service list for pleadings in the cases listed in Exhibits A and B, the names of all counsel who have appeared as counsel for Plaintiffs in those Engle-progeny cases. The Clerk of Court is further DIRECTED to add Plaintiffs' mailing addresses to the electronic service list. Plaintiffs shall keep the Court and defense counsel informed of any address changes.2. The Clerk of Court is further DIRECTED to ADMINISTRATIVELY CLOSE the cases. Plaintiffs in the cases listed in Exhibit A shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiffs shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within one hundred eighty (180) days of the filing of this Order. Plaintiffs in the cases listed in Exhibit B shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiffs shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within thirty (30) days of the filing of this Order. Failure to do so will result in dismissal with prejudice as to all claims in the cases for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).3. Plaintiffs' counsels shall serve a copy of this Order on Plaintiffs and file a certificate of service to that effect within fifteen days (15) of the filing of this Order. The Court expects Plaintiffs' counsels will perform those duties necessary to transfer the files to either Plaintiff or replacement counsel.SO ORDERED.. Signed by Judge William G. Young on 11/4/2014. (Attachments: #1 Exhibit A, #2 Exhibit B) (EES)
November 4, 2014 Opinion or Order Filing 1719 ORDER granting #1706 Motion to Withdraw as Attorney ORDERED:1. Plaintiffs' counsels' Motion is GRANTED. The Clerk of Court is DIRECTED to remove from the CM/ECF electronic service list for pleadings in the cases listed in Exhibits A and B, the names of all counsel who have appeared as counsel for Plaintiffs in those Engle-progeny cases. The Clerk of Court is further DIRECTED to add Plaintiffs' mailing addresses to the electronic service list. Plaintiffs shall keep the Court and defense counsel informed of any address changes.2. The Clerk of Court is further DIRECTED to ADMINISTRATIVELY CLOSE the cases. Plaintiff in the case listed in Exhibit A shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiff shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within one hundred eighty (180) days of the filing of this Order. Plaintiff in the case listed in Exhibit B shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiff shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within thirty (30) days of the filing of this Order. Failure to do so will result in dismissal with prejudice as to all claims in the cases for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).3. Plaintiffs' counsels shall serve a copy of this Order on Plaintiffs and file a certificate of service to that effect within fifteen days (15) of the filing of this Order. The Court expects Plaintiffs' counsels will perform those duties necessary to transfer the files to either Plaintiff or replacement counsel.SO ORDERED.. Signed by Judge William G. Young on 11/4/2014. (EES) (Additional attachment(s) added on 11/6/2014: #1 Exhibit a, #2 Exhibit B) (EES).
November 4, 2014 Opinion or Order Filing 1718 ORDER granting #1705 Motion for Extension of Time to File. Signed by Judge William G. Young on 11/4/2014. (EES) Modified on 11/7/2014 (EES).
November 4, 2014 Opinion or Order Filing 1714 ORDER granting #1700 Motion to Withdraw as Attorney ORDERED:1. Plaintiffs' counsel's Motion is GRANTED. The Clerk of Court is DIRECTED to remove from the CM/ECF electronic service list for pleadings in the cases listed in Exhibits A and B, the names of all counsel who have appeared as counsel for Plaintiffs in those Engle-progeny cases. The Clerk of Court is further DIRECTED to add Plaintiffs' mailing addresses to the electronic service list. Plaintiffs shall keep the Court and defense counsel informed of any address changes.2. The Clerk of Court is further DIRECTED to ADMINISTRATIVELY CLOSE the cases. Plaintiffs in the cases listed in Exhibit A shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiffs shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within one hundred eighty (180) days of the filing of this Order. Plaintiffs in the cases listed in Exhibit B shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiffs shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within thirty (30) days of the filing of this Order. Failure to do so will result in dismissal with prejudice as to all claims in the cases for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).3. Plaintiffs' counsels shall serve a copy of this Order on Plaintiffs and file a certificate of service to that effect within fifteen days (15) of the filing of this Order. The Court expects Plaintiffs' counsels will perform those duties necessary to transfer the files to either Plaintiff or replacement counsel.SO ORDERED.. Signed by Judge William G. Young on 11/4/2014. (Attachments: #1 Exhibit A, #2 Exhibit B) (EES)
November 4, 2014 Opinion or Order Filing 1713 CASE ACTIVATION ORDER (WAVE 12) Signed by Judge William G. Young on 11/4/2014. (Attachments: #1 Appendix A)(EES)
November 3, 2014 Opinion or Order Filing 1711 MOTION for miscellaneous relief, specifically to exclude certain testimony of Plaintiffs' expert Neil Grunberg, Ph.D by Various Tobacco Companies. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Openchowski, Mallori)
November 3, 2014 Opinion or Order Filing 1710 MOTION in limine Pertaining to All Cases by Various Tobacco Companies. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Foster, Nathan)
November 3, 2014 Opinion or Order Filing 1709 MOTION for miscellaneous relief, specifically to limit the testimony of Robert Proctor, PH.D. by Various Tobacco Companies. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tye, Michael) Modified on 11/4/2014 to edit text (PAM).
November 3, 2014 Opinion or Order Filing 1708 UNOPPOSED MOTION to Withdraw from One Wave 9 Case by 4432 Individual Tobacco Plaintiffs. (Smith, Elizabeth) Modified on 11/4/2014 to edit text (PAM).
November 3, 2014 Opinion or Order Filing 1707 SECOND AMENDED MOTION for All Plaintiff's Counsel to withdraw as attorney from 22 specific Wave 10 Cases by Engle Cases. (Wilner, Norwood) Modified on 11/4/2014 to edit text (PAM).
November 3, 2014 Opinion or Order Filing 1706 Third MOTION for All Plaintiff's Counsel to withdraw as attorney from 2 specific Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
November 3, 2014 Opinion or Order Filing 1705 UNOPPOSED MOTION for Extension of Time to File To comply with Activation Order by Engle Cases. (Wilner, Norwood) Modified on 11/4/2014 to edit text (PAM).
October 31, 2014 Opinion or Order Filing 1704 Joint MOTION to Dismiss with prejudice by Various Tobacco Companies. (Openchowski, Mallori)
October 31, 2014 Opinion or Order Filing 1703 MOTION to Withdraw from Four Wave 9 Cases by 4432 Individual Tobacco Plaintiffs. (Smith, Elizabeth)
October 31, 2014 Opinion or Order Filing 1702 NOTICE by 4432 Individual Tobacco Plaintiffs re #925 Order on motion to dismiss, #1585 Order pdf Notice of Prior Dismissal of Wave 10 Case (Wilner, Norwood)
October 31, 2014 Opinion or Order Filing 1701 ORDER It appearing to the Court that it may be advisable further to explore the possibility of a global settlement of the 648 cases remaining for trial, the Court orders:1. The Hon. Anthony Porcelli, United States Magistrate Judge, is designated the responsible judicial officer for exploring this possibility.2. Magistrate Judge Porcelli shall have full authority to hold hearings, require the attendance of parties and counsel, conduct mediation or mediations if advisable, and do all else proper and necessary to bring about a mutually agreeable resolution of these cases or any portion of them.3. Magistrate Judge Porcelli's orders shall not, however, have the effect directly or indirectly of modifying in any way the current case management scheduling orders. SO ORDERED. Signed by Judge William G. Young on 10/31/2014. (EES)
October 30, 2014 Opinion or Order Filing 1717 ORDER granting #1698 Motion to Withdraw as Attorney 1. Plaintiffs' counsel's Motion is GRANTED. The Clerk of Court is DIRECTED to remove from the CM/ECF electronic service list for pleadings in the cases listed in Exhibits A and B, the names of all counsel who have appeared as counsel for Plaintiffs in those Engle-progeny cases. The Clerk of Court is further DIRECTED to add Plaintiffs' mailing addresses to the electronic service list. Plaintiffs shall keep the Court and defense counsel informed of any address changes.2. The Clerk of Court is further DIRECTED to ADMINISTRATIVELY CLOSE the cases. Plaintiffs in the cases listed in Exhibit A shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiffs shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within one hundred eighty (180) days of the filing of this Order. Plaintiffs in the cases listed in Exhibit B shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiffs shall file a motion to reopen accompanied by a notice of proceeding pro se in this case, within thirty (30) days of the filing of this Order. Failure to do so will result in dismissal with prejudice as to all claims in the cases for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).3. Plaintiffs' counsels shall serve a copy of this Order on Plaintiffs and file a certificate of service to that effect within fifteen days (15) of the filing of this Order. The Court expects Plaintiffs' counsels will perform those duties necessary to transfer the files to either Plaintiff or replacement counsel.SO ORDERED.. Signed by Judge William G. Young on 10/30/2014. (Attachments: #1 Exhibit A, #2 Exhibit B) (EES)
October 30, 2014 Opinion or Order Filing 1716 ORDER OF DISMISSAL granting #1696 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/30/2014. (Attachments: #1 Exhibit A) (EES)
October 30, 2014 Opinion or Order Filing 1715 ORDER granting #1697 motion to dismiss Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/30/2014. (Attachments: #1 Exhibit A) (EES)
October 30, 2014 Opinion or Order Filing 1712 ORDER OF DISMISSAL granting #1699 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/30/2014. (EES)
October 30, 2014 Opinion or Order Filing 1700 Amended MOTION for All Plaintiffs' Counsel to withdraw as attorney Amended Second Motion to Withdraw from 23 Specific Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
October 29, 2014 Opinion or Order Filing 1699 MOTION to Dismiss as to 1 Wave 7 Case by All Plaintiffs. (Wilner, Norwood)
October 28, 2014 Opinion or Order Filing 1698 Second MOTION for All Plaintiffs' Counsel to withdraw as attorney from 24 Specific Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
October 28, 2014 Opinion or Order Filing 1697 Fourth MOTION to Dismiss as to 2 Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
October 28, 2014 Opinion or Order Filing 1696 MOTION to Dismiss as to 1 Wave 8 Case by All Plaintiffs. (Wilner, Norwood)
October 27, 2014 Opinion or Order Filing 1695 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
October 24, 2014 Opinion or Order Filing 1694 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Amie First. (ARF)
October 24, 2014 Opinion or Order Filing 1693 TRANSCRIPT of Motions Hearing held on 10-16-14 before Judge Timothy J. Corrigan, Marcia Morales Howard, and Roy B. Dalton, Jr. Court Reporter Amie R. First, RPR, CRR, AmieFirst.CourtReporter@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 11/14/2014, Redacted Transcript Deadline set for 11/24/2014, Release of Transcript Restriction set for 1/22/2015. (ARF)
October 24, 2014 Opinion or Order Filing 1692 MOTION to Dismiss For Failure to Prosecute - 46 Cases by Various Tobacco Companies. (Yarber, John)
October 24, 2014 Opinion or Order Filing 1691 MOTION to Dismiss For Failure to Comply with Court Order - 4 Cases by Various Tobacco Companies. (Yarber, John)
October 24, 2014 Opinion or Order Filing 1690 MOTION to Dismiss For Failure to Prosecute - 1 Case re: Stapleton (3:09-cv-13249) by Various Tobacco Companies. (Yarber, John)
October 23, 2014 Opinion or Order Filing 1689 ORDER OF DISMISSAL granting #1684 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/23/2014. (EES)
October 23, 2014 Opinion or Order Filing 1688 ORDER OF DISMISSAL granting #1683 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/23/2014. (EES)
October 23, 2014 Opinion or Order Filing 1687 ENDORSED ORDER granting #1681 motion to dismiss Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/23/2014. (EES)
October 23, 2014 Opinion or Order Filing 1686 ENDORSED ORDER granting #1680 Motion to Withdraw as Attorney. Signed by Judge William G. Young on 10/23/2014. (EES)
October 21, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Jack M. Williams, appearing on behalf of Various Tobacco Companies (Filing fee $10 receipt number JAX14096, JAX14097). (MJT)
October 21, 2014 Opinion or Order Filing 1684 Third MOTION to Dismiss as to 2 Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
October 21, 2014 Opinion or Order Filing 1683 MOTION to Dismiss as to 1 Wave 8 Case by All Plaintiffs. (Wilner, Norwood)
October 20, 2014 Opinion or Order Filing 1685 MANDATE of USCA as to #977 Notice of appeal, #1107 Notice of appeal and #1158 Notice of appeal filed by 4432 Individual Tobacco Plaintiffs. Issued as Mandate: 10/17/14. USCA number: 13-10839-EE; 13-12901-EE and 13-14302-EE. (LMF)
October 20, 2014 Opinion or Order Filing 1682 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Cruz-Alvarez, Rafael)
October 20, 2014 Opinion or Order Filing 1681 Second MOTION to Dismiss 4 Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
October 17, 2014 Opinion or Order Filing 1680 MOTION for All Plaintiffs' Counsel to withdraw as attorney From 20 Specific Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
October 16, 2014 Opinion or Order Filing 1679 Minute Entry. Proceedings held before Judge Timothy J. Corrigan, Judge Marcia Morales Howard and Judge Roy B. Dalton, Jr.: MOTION HEARING held on 10/16/2014 re #1622 MOTION for Hearing re #1621 MOTION for miscellaneous relief, specifically Improved Jury Selection (Renewed) filed by 4432 Individual Tobacco Plaintiffs. Court Reporter: Amie First (VMF)
October 14, 2014 Opinion or Order Filing 1678 ORDER OF DISMISSAL granting #1674 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/14/2014. (EES)
October 13, 2014 Opinion or Order Filing 1674 MOTION to Dismiss as to 1 Wave 9 Case by All Plaintiffs. (Wilner, Norwood)
October 10, 2014 Opinion or Order Filing 1677 ORDER granting #1668 Motion to Withdraw as Attorney Attorney Philip Zoltan Brown terminated. Signed by Judge William G. Young on 10/10/2014. (EES)
October 10, 2014 Opinion or Order Filing 1676 ORDER granting #1669 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/10/2014. (Attachments: #1 Exhibit A) (EES)
October 10, 2014 Opinion or Order Filing 1675 ORDER granting #1671 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/10/2014. (Attachments: #1 Exhibit A) (EES)
October 10, 2014 Opinion or Order Filing 1673 ORDER granting #1672 motion to dismiss Parties' Motion is GRANTED. All claims in the cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 10/10/2014. (Attachments: #1 Exhibit A) (EES)
October 9, 2014 Opinion or Order Filing 1672 MOTION to Dismiss 20 Wave 10 Cases by All Plaintiffs. (Wilner, Norwood)
October 8, 2014 Opinion or Order Filing 1671 AGREED MOTION to Dismiss as to 1 Wave 8 Case (SMO/04410) by All Plaintiffs. (Wilner, Norwood) (Counsel notified regarding correct Magistrate Judge initials) (Modified on 10/10/2014 to edit text) (DSY).
October 6, 2014 Opinion or Order Filing 1670 RESPONSE in Opposition re #1659 MOTION for Reconsideration re #1653 Memorandum and opinion filed by 4432 Individual Tobacco Plaintiffs. (Nelson, Robert)
October 1, 2014 Opinion or Order Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #1596 Notice of appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 14-13090-EE (SJW)
September 30, 2014 Opinion or Order Filing 1669 MOTION to Dismiss 1 Wave 7 Case by All Plaintiffs. (Wilner, Norwood)
September 29, 2014 Opinion or Order Filing 1668 MOTION for Philip Z. Brown to withdraw as attorney R.J. Reynolds Tobacco Company by Various Tobacco Companies. (Yarbrough, Jeffrey) Motions referred to Magistrate Judge Joel B. Toomey.
September 29, 2014 Opinion or Order Filing 1667 ORDER granting #1665 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 9/29/2014. (EES)
September 26, 2014 Opinion or Order Filing 1666 ORDER Signed by Judge William G. Young on 9/26/2014. (EES)
September 26, 2014 Opinion or Order Filing 1665 Joint MOTION to Dismiss One Wave 10 Case by All Plaintiffs. (Wilner, Norwood)
September 23, 2014 Opinion or Order Filing 1664 NOTICE of supplemental authority re #1633 Response in Opposition to Motion by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Yarber, John)
September 23, 2014 Opinion or Order Filing 1663 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Wernick, Aviva)
September 23, 2014 Opinion or Order Filing 1662 ORDER OF DISMISSAL granting #1651 motion to dismiss Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiffs and Defendant Lorillard Tobacco Company shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only.SO ORDERED. Signed by Judge William G. Young on 9/23/2014. (EES)
September 23, 2014 Opinion or Order Filing 1661 ORDER OF DISMISSAL granting #1655 motion to dismiss Parties' Motion is GRANTED. All claims in the case listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the case as to the Defendants listed above.SO ORDERED.. Signed by Judge William G. Young on 9/23/2014. (EES)
September 23, 2014 Opinion or Order Filing 1660 ORDER OF DISMISSAL granting #1656 motion to dismiss "Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiffs and Defendant Lorillard Tobacco Company shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only.SO ORDERED.". Signed by Judge William G. Young on 9/23/2014. (EES)
September 19, 2014 Opinion or Order Filing 1659 MOTION for Reconsideration re #1653 Memorandum and opinion by Various Tobacco Companies. (Szanyi, Rosemary)
September 18, 2014 Opinion or Order Filing 1658 MEMORANDUM in support re #1621 Motion for Miscellaneous Relief Plaintiffs' Reply In Support Of Their Renewed Motion For Improved Jury Selection filed by 4432 Individual Tobacco Plaintiffs. (Heimann, Richard)
September 18, 2014 Opinion or Order Filing 1657 NOTICE of hearing on motion re #1621 MOTION for miscellaneous relief, specifically Improved Jury Selection (Renewed) . Motion Hearing set for 10/16/2014 at 09:15 AM in Orlando Courtroom 4 A before Judge Roy B. Dalton, Jr., Judge Timothy J. Corrigan and Judge Marcia Morales Howard. (VMF) (ctp)
September 18, 2014 Opinion or Order Filing 1656 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
September 17, 2014 Opinion or Order Filing 1655 MOTION to Dismiss as to 1 Wave 8 Case by All Plaintiffs. (Wilner, Norwood)
September 12, 2014 Opinion or Order Filing 1653 MEMORANDUM AND ORDER"For the aforementioned reasons, this Court GRANTS the Plaintiffs' motion to amend, ECF No. 1412, and DENIES the Defendants' motion for summary judgment, ECF No. 1386. The motion to amend the complaints to add survival claims is without prejudice to any future, fact-specific motions. The motion to amend is granted only as to the cases in Appendix A that have been activated by order of this Court; the other cases must be amended to reflect wrongful death and survival actions upon the issuance of a Court activation order. SO ORDERED." Signed by Judge William G. Young on 9/12/2014. (Attachments: #1 Appendix A)(EES)
September 12, 2014 Opinion or Order Filing 1652 NOTICE of supplemental authority re #1386 MOTION to Dismiss or for Summary Judgment On 91 Time-Barred Claims by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Szanyi, Rosemary)
September 11, 2014 Opinion or Order Filing 1651 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
September 10, 2014 Opinion or Order Filing 1654 OPINION/ORDER of USCA affirming the decision of the District Court as to #1158 Notice of appeal filed by 4432 Individual Tobacco Plaintiffs, #1107 Notice of appeal filed by 4432 Individual Tobacco Plaintiffs, #977 Notice of appeal filed by 4432 Individual Tobacco Plaintiffs. EOD: 9/10/14; Mandate to issue at a later date. USCA number: 13-10839-EE, 13-12901-EE, 13-14302-EE. (slp)
September 5, 2014 Opinion or Order Filing 1649 ENDORSED ORDER granting #1646 motion to appear pro hac vice. If Collette Parris, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 9/5/2014. (FDM)
September 5, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Collette Parris, appearing on behalf of Lorillard Tobacco Company (Filing fee $10 receipt number JAX013630.). (TSW)
September 4, 2014 Opinion or Order Filing 1650 ORDER OR DISMISSAL granting #1628 motion to dismiss "Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Philip Morris USA, Inc. are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiffs and Defendant Philip Morris USA, Inc. shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Philip Morris USA, Inc. only.SO ORDERED.". Signed by Judge William G. Young on 9/4/2014. (Attachments: #1 Exhibit A) (EES)
September 4, 2014 Opinion or Order Filing 1648 STIPULATION of Dismissal With Prejudice as to R.J. Reynolds Tobacco Company, Philip Morris USA Inc. and Lorillard Tobacco Company by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Wernick, Aviva)
September 4, 2014 Opinion or Order Filing 1647 Written designation and consent to act by Rafael Cruz-Alvarez on behalf of Lorillard Tobacco Company. Local Counsel: Rafael Cruz-Alvarez. Non-Resident Counsel: Collette Parris. (Cruz-Alvarez, Rafael)
September 4, 2014 Opinion or Order Filing 1646 MOTION for Collette Parris to appear pro hac vice by Lorillard Tobacco Company. (Attachments: #1 Exhibit Special Admission Form)(Cruz-Alvarez, Rafael) Motions referred to Magistrate Judge Joel B. Toomey.
September 4, 2014 Opinion or Order Filing 1645 ORDER granting #1632 motion to dismiss. ORDER OF DISMISSAL.This cause is before the Court on the parties' Joint Motion to Dismiss Defendant Philip Morris USA, Inc. With Prejudice ("Motion") (Doc. 1632), filed on August 20, 2014. Upon review of the Motion, it is herebyORDERED:Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Philip Morris USA, Inc. are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiffs and Defendant Philip Morris USA, Inc. shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Philip Morris USA, Inc. only.SO ORDERED.. Signed by Judge William G. Young on 9/4/2014. (Attachments: #1 Exhibit A) (EES)
September 4, 2014 Opinion or Order Filing 1644 ENDORSED ORDER granting #1636 Motion for Leave to File "Plaintiffs are granted leave file a reply, not exceeding ten (10) pages in length, within fourteen (14) days of the date of this Order.". Signed by Judge William G. Young on 9/4/2014. (EES)
September 4, 2014 Opinion or Order Filing 1643 ORDER granting #1639 motion to dismiss This cause is before the Court on the parties' Joint Motion to Dismiss Defendant Lorillard Tobacco Company With Prejudice ("Motion") (Doc. 1639), filed on August 29, 2014. Upon review of the Motion, it is herebyORDERED:Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiffs and Defendant Lorillard Tobacco Company shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only.SO ORDERED.. Signed by Judge William G. Young on 9/4/2014. (Attachments: #1 Exhibit A) (EES)
September 4, 2014 Opinion or Order Filing 1642 ORDER OF DISMISSAL RE 1638 This cause is before the Court on the parties' Stipulation of Dismissal With Prejudice As To R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., and Lorillard Tobacco Company ("Stipulation") (Doc. 1638), filed on August 29, 2014. Upon review of the Stipulation, it is herebyORDERED:The cases listed in Exhibit A to this Order are DISMISSED WITH PREJUDICE in their entirety pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). All parties shall bear their own costs and attorneys' fees. The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases.SO ORDERED. Signed by Judge William G. Young on 9/4/2014. (Attachments: #1 Exhibit A)(EES)
September 3, 2014 Opinion or Order Filing 1641 Joint MOTION for miscellaneous relief, specifically To Reassign Cases To Wave 9 (Wainick and Swanson) by Various Tobacco Companies. (Yarber, John)
September 2, 2014 Opinion or Order Filing 1640 NOTICE of Appearance by Rafael Cruz-Alvarez on behalf of Lorillard Tobacco Company (Cruz-Alvarez, Rafael)
August 29, 2014 Opinion or Order Filing 1639 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
August 29, 2014 Opinion or Order Filing 1638 STIPULATION of Dismissal With Prejudice As To R.J. Reynolds Tobacco Company, Philip Morris USA Inc. and Lorillard Tobacco Company by Various Tobacco Companies. (Attachments: #1 Exhibit A)(Wernick, Aviva)
August 28, 2014 Opinion or Order Filing 1637 ORDER re Joint Notices Regarding Defendants' Motions for Attorneys' Fees and Costs. Signed by Magistrate Judge Joel B. Toomey on 8/28/2014. (FDM)
August 27, 2014 Opinion or Order Filing 1636 MOTION for leave to file A Reply In Support Of Their Renewed Motion For Improved Jury Selection (Doc. 1621) by 4432 Individual Tobacco Plaintiffs. (Heimann, Richard)
August 27, 2014 Opinion or Order Filing 1635 NOTICE of Appearance by David Michael Menichetti on behalf of Various Tobacco Companies (Menichetti, David)
August 22, 2014 Opinion or Order Filing 1634 RESPONSE to Motion re #1623 MOTION in limine regarding Generic Issues Plaintiffs' Response to Defendants' All-Cases Motion in Limine filed by 4432 Individual Tobacco Plaintiffs. (Byrd, Kenneth)
August 22, 2014 Opinion or Order Filing 1633 RESPONSE in Opposition re #1621 MOTION for miscellaneous relief, specifically Improved Jury Selection (Renewed) filed by Various Tobacco Companies. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Openchowski, Mallori)
August 20, 2014 Opinion or Order Filing 1632 Joint MOTION to Dismiss Defendant Philip Morris USA, Inc. with Prejudice by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit A)(Byrd, Kenneth)
August 20, 2014 Opinion or Order Filing 1631 NOTICE by 4432 Individual Tobacco Plaintiffs of acceptance of Defendant R. J. Reynolds Tobacco Company's proposal for settlement (Attachments: #1 Exhibit A)(Byrd, Kenneth)
August 19, 2014 Opinion or Order Filing 1630 RESPONSE re #1386 MOTION to Dismiss or for Summary Judgment On 91 Time-Barred Claims filed by Various Tobacco Companies. (Openchowski, Mallori)
August 19, 2014 Opinion or Order Filing 1629 ORDER granting #1626 motion to dismiss. Signed by Judge William G. Young on 8/19/2014. (FDM)
August 19, 2014 Opinion or Order Filing 1628 Joint MOTION to Dismiss Cases by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bryant, Sara)
August 18, 2014 Opinion or Order Filing 1627 RESPONSE in Opposition re #1615 MOTION for miscellaneous relief, specifically To Exclude Certain Testimony of Plaintiffs' Expert Thomas Gravelyn, MD filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Byrd, Kenneth)
August 13, 2014 Opinion or Order Filing 1626 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
August 13, 2014 Opinion or Order Filing 1625 PROTECTIVE ORDER. Signed by Judge William G. Young on 8/13/2014. (FDM)
August 11, 2014 Opinion or Order Filing 1624 JOINT MOTION to enter protective order in all cases by Various Tobacco Companies. (Attachments: #1 Exhibit A) (Hamelers, Brittany) Motions referred to Magistrate Judge Joel B. Toomey. (Modified on 8/13/2014 to edit text) (DSY).
August 8, 2014 Opinion or Order Filing 1623 MOTION in limine regarding Generic Issues by Various Tobacco Companies. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Beyer, Andrew)
August 8, 2014 Opinion or Order Filing 1622 MOTION for Hearing re #1621 RENEWED MOTION for miscellaneous relief, specifically Improved Jury Selection by 4432 Individual Tobacco Plaintiffs. (Heimann, Richard) (Modified on 8/13/2014 to edit text) (DSY).
August 8, 2014 Opinion or Order Filing 1621 RENEWED MOTION for miscellaneous relief, specifically Improved Jury Selection by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Declaration of Stacy Sakamoto, #2 Declaration of Todd Carnam, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9) (Heimann, Richard) (Modified on 8/13/2014 to edit text) (DSY). Modified on 12/11/2014 to show motion pending (AKJ).
August 7, 2014 Opinion or Order Filing 1620 ORDER granting #1616 Joint Motion to Dismiss Defendant Lorillard Tobacco Company With Prejudice. Signed by Judge William G. Young on 8/7/2014. (FDM)
August 7, 2014 Opinion or Order Filing 1619 ENDORSED ORDER deferring in part #1615 Defendants' Motion to Exclude Certain Testimony of Plaintiffs' Expert Thomas Gravelyn, M.D.. The motion is deferred as it relates to Berger v. R.J. Reynolds Tobacco Co., No. 3:09-cv-14157-WGY-JBT, to Judge James G. Carr. Signed by Judge William G. Young on 8/7/2014. (FDM)
August 7, 2014 Opinion or Order Filing 1618 ORDER granting in part and denying in part #1614 Joint Motion to Remove Cases From Wave 8 and Assign Them to Wave 9. Signed by Judge William G. Young on 8/7/2014. (FDM)
August 7, 2014 Opinion or Order Filing 1617 ORDER granting #1610 motion to dismiss defendant Lorillard Tobacco Company With Prejudice; granting #1613 motion to dismiss defendant Lorillard Tobacco Company With Prejudice. Signed by Judge William G. Young on 8/7/2014. (FDM)
August 5, 2014 Opinion or Order Filing 1616 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
August 4, 2014 Opinion or Order Filing 1615 MOTION for miscellaneous relief, specifically To Exclude Certain Testimony of Plaintiffs' Expert Thomas Gravelyn, MD by Various Tobacco Companies. (Attachments: #1 Exhibit A, #2 Exhibit B.1, #3 Exhibit B.2, #4 Exhibit B.3, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Openchowski, Mallori)
August 1, 2014 Opinion or Order Filing 1614 MOTION for miscellaneous relief, specifically Joint Motion to Remove Cases from Wave 8 and Assign Them to Wave 9 by Engle Cases. (Byrd, Kenneth)
July 31, 2014 Opinion or Order Filing 1613 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
July 30, 2014 Opinion or Order Filing 1612 ORDER granting #1609 Motion Joint Motion to Reassign Cases to Wave 9 ORDERED:Parties' Motion is GRANTED. The actions listed in Exhibit A to this Order against Defendants R.J. Reynolds Tobacco Company, Philip Morris USA Inc., and Lorillard Tobacco Company, are REASSIGNED to Wave 9, effective July 30, 2014. The Clerk is DIRECTED to remove the cases from their current assignments and reassign them to Wave 9.. Signed by Judge William G. Young on 7/30/2014. (Attachments: #1 Exhibit A) (EES)
July 30, 2014 Opinion or Order Filing 1611 ORDER granting #1607 motion to dismiss; granting #1608 motion to dismiss Parties' Motions are GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate filings of these motions in each individual case docket. SO ORDERED.. Signed by Judge William G. Young on 7/30/2014. (Attachments: #1 Exhibit A) (EES)
July 30, 2014 Opinion or Order Filing 1610 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
July 25, 2014 Opinion or Order Filing 1609 Joint MOTION for miscellaneous relief, specifically To Reassign Cases To Wave 9 by Various Tobacco Companies. (Yarber, John)
July 25, 2014 Opinion or Order USCA appeal fees received $ 505.00 receipt number JAX013188 re #1596 Notice of appeal filed by 4432 Individual Tobacco Plaintiffs (TSW)
July 24, 2014 Opinion or Order Filing 1608 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
July 24, 2014 Opinion or Order Filing 1607 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
July 22, 2014 Opinion or Order Filing 1606 ORDER granting #1602 Motion to Withdraw as Attorney Attorney Khalil Gharbieh terminated. Signed by Judge William G. Young on 7/22/2014. (EES)
July 18, 2014 Opinion or Order Filing 1605 ORDER granting #1603 motion to dismiss; granting #1604 motion to dismiss "Parties' Motions are GRANTED. All claims in cases listed in Exhibit A to this Order against Defendant Lorillard Tobacco Company are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(2). All parties shall bear their own respective costs, attorneys' fees, and expenses. The Clerk of Court is DIRECTED to terminate the cases as to Defendant Lorillard Tobacco Company only. The Clerk of Court is further DIRECTED to terminate the duplicate filings of these motions in each individual case docket. SO ORDERED.". Signed by Judge William G. Young on 7/18/2014. (Attachments: #1 Exhibit A) (EES)
July 17, 2014 Opinion or Order Filing 1604 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
July 17, 2014 Opinion or Order Filing 1603 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
July 17, 2014 Opinion or Order Filing 1602 Unopposed MOTION for Khalil Gharbieh to withdraw as attorney for Philip Morris USA Inc. by Various Tobacco Companies. (McGonigle, Maura) Motions referred to Magistrate Judge Joel B. Toomey.
July 16, 2014 Opinion or Order Filing 1601 ORDER VACATING re #1580. "The Court's June 11, 2014 Order (Doc. 1580) setting Wave 6 trial dates and assignments is VACATED. Pending the approval of pre-trial memoranda, the cases are hereby reassigned for trial as follows: 1. Berger, 3:09-cv-14157, remains assigned to Judge Carr for trial in Fort Myers, trial to commence on September 2, 2014. 2. Berry, 3:09-cv-14163, is reassigned to Judge Piersol for trial in Fort Myers, trial to commence on December 1, 2014. 3. Dover, 3:09-cv-11531, is reassigned to Judge Scheindlin for trial in Jacksonville, trial to commence on November 3, 2014. 4. Kerrivan, 3:09-cv-13703, remains assigned to Judge Erickson for trial in Orlando, trial to commence on October 6, 2014. 5. Martin, 3:09-cv-12775, is reassigned to Judge George for trial in Orlando, trial to commence on November 3, 2014. 6. Starbuck, 3:09-cv-13250, is reassigned to Judge Bennett for trial in Jacksonville, trial to commence on December 1, 2014.In each of the above-mentioned cases, trial is not to exceed eight days. SO ORDERED." Signed by Judge William G. Young on 7/16/2014. (EES)
July 10, 2014 Opinion or Order Filing 1600 ORDER of DISMISSAL Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company Signed order re #1599 & #1598 Signed by Judge William G. Young on 7/10/2014. (EES)
July 10, 2014 Opinion or Order Filing 1599 ENDORSED ORDER granting #1598 motion to dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company (see endorsed order). Signed by Judge William G. Young on 7/10/2014. (EES) Modified on 7/21/2014 (MGG).
July 9, 2014 Opinion or Order Filing 1598 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
July 9, 2014 Opinion or Order Filing 1597 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #1596 Notice of appeal. Eleventh Circuit Transcript information form available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (SJW)
July 7, 2014 Opinion or Order Filing 1596 NOTICE OF APPEAL as to #1568 Order on motion to dismiss, #1595 Order on Motion for Reconsideration, #1586 Order pdf by 4432 Individual Tobacco Plaintiffs. Filing fee not paid. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Cabraser, Elizabeth)
July 7, 2014 Opinion or Order Filing 1595 ORDER denying #1594 Motion for Reconsideration. Signed by Judge William G. Young on 7/7/2014. (Attachments: #1 Exhibit a) (EES)
July 3, 2014 Opinion or Order Filing 1594 MOTION for Reconsideration re #1568 Order on motion to dismiss Fourteen Wave 7 Cases by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Affidavit Declaration of Jerome P. Mayer-Cantu)(London, Sarah)
July 3, 2014 Opinion or Order Filing 1593 ORDER granting #1591 motion to dismiss "see endorsed order". Signed by Judge William G. Young on 7/3/2014. (EES)
July 3, 2014 Opinion or Order Filing 1592 ORDER granting in part and denying in part #1577 motion to dismiss "Defendants' Motion is GRANTED in part and DENIED in part. The Motion is DENIED as to dismissal of the cases at issue. The Motion is GRANTED as to its alternative request to transfer the cases. The three cases listed in Exhibit A to this Order are to be REASSIGNED to Wave 8, effective July 3, 2014. The Clerk is DIRECTED to remove the cases from Wave 7 and assign them to Wave 8.". Signed by Judge William G. Young on 7/3/2014. (Attachments: #1 Exhibit A) (EES)
July 2, 2014 Opinion or Order Filing 1591 AGREED MOTION to Dismiss as to 1 Case by All Plaintiffs. (Wilner, Norwood) (Modified on 7/7/2014 to edit text) (DSY).
July 1, 2014 Opinion or Order Filing 1590 ORDER granting #1587 motion to dismiss; granting #1588 motion to dismiss "The cases listed in Exhibit A to this order are DISMISSED WITH PREJUDICE as to Defendant Lorillard Tobacco Company only, pursuant to Federal Rule of Civil Procedure 41(a)(2). Each party shall bear their own costs and attorneys' fees. The Clerk of Court is DIRECTED to terminate the duplicate Motions filed in each individual docket. SO ORDERED.". Signed by Judge William G. Young on 7/1/2014. (Attachments: #1 Main Document) (EES)
June 30, 2014 Opinion or Order Filing 1589 RESPONSE in Opposition re #1577 MOTION to Dismiss Three Wave 7 Cases Where Plaintiffs Have Not Produced Letters of Administration filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(London, Sarah)
June 27, 2014 Opinion or Order Filing 1588 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
June 27, 2014 Opinion or Order Filing 1587 Joint MOTION to Dismiss Defendant Lorillard Tobacco Company With Prejudice by Lorillard Tobacco Company. (Attachments: #1 Exhibit A)(Wernick, Aviva)
June 27, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Lindsay Pruitt, appearing on behalf of Lorillard Tobacco Company (Filing fee $10.00 receipt number JAX012942.). (TSW)
June 23, 2014 Opinion or Order Filing 1586 ORDER RE #1568"The Court's prior Order (Doc. 1568) is VACATED IN PART as to the following four (4) cases listed in Exhibit A to that Order: Thomas Rita, 3:09-cv-13343Diehl Patrick, 3:09-cv-11600Glaser Florence, 3:09-cv-13593Chatham Edward S, 3:09-cv-10821 The Clerk of Court is DIRECTED to reopen the foregoing cases and reassign them to Wave 8. SO ORDERED." Signed by Judge William G. Young on 6/23/2014. (EES)
June 23, 2014 Opinion or Order Filing 1585 CASE ACTIVATION ORDER (WAVES 10, 11, 12) Signed by Judge William G. Young on 6/23/2014. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F)(EES)
June 23, 2014 Opinion or Order Filing 1584 ENDORSED ORDER granting #1582 motion to appear pro hac vice. If Lindsay Pruitt, Esq. has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 6/23/2014. (FDM)
June 23, 2014 Opinion or Order Filing 1583 Written designation and consent to act by Rafael Cruz-Alvarez on behalf of Lorillard Tobacco Company. Local Counsel: Rafael Cruz-Alvarez. Non-Resident Counsel: Lindsay Pruitt. (Cruz-Alvarez, Rafael)
June 23, 2014 Opinion or Order Filing 1582 Unopposed MOTION for Lindsay Pruitt to appear pro hac vice by Lorillard Tobacco Company. (Attachments: #1 Special Admission Form)(Cruz-Alvarez, Rafael) Motions referred to Magistrate Judge Joel B. Toomey.
June 19, 2014 Opinion or Order Filing 1581 ORDER DENYING WITHOUT PREJUDICE motions for attorneys' fees and costs made pursuant to section 768.79 of the Florida Statutes, in the following cases: Denton v. R.J. Reynolds Tobacco Company, et al., 3:09-cv-10036-WGY-JBT; Wilder v. R.J. Reynolds Tobacco Company, et al., 3:09-cv-10109-TJC-JBT; Fazekas v. R.J. Reynolds Tobacco Company, et al., 3:09-cv-13697-RBD-JBT; Meeker v. R.J. Reynolds Tobacco Company, et al., 3:09-cv-12867-WGY-JBT. Signed by Magistrate Judge Joel B. Toomey on 6/19/2014. (FDM)
June 18, 2014 Opinion or Order Filing 1579 NOTICE of Appearance by Eric J. Partlow on behalf of Lorillard Tobacco Company (Partlow, Eric)
June 18, 2014 Opinion or Order Filing 1578 NOTICE of Appearance by Thomas H. Dart on behalf of Lorillard Tobacco Company (Dart, Thomas)
June 13, 2014 Opinion or Order Filing 1577 MOTION to Dismiss Three Wave 7 Cases Where Plaintiffs Have Not Produced Letters of Administration by Various Tobacco Companies. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Yarber, John) Modified on 6/16/2014 to notify counsel that page 6 of exhibit 2 is blank (AET).
June 12, 2014 Opinion or Order Filing 1576 ENDORSED ORDER denying as moot #1572 Motion for Leave to File (see ecf. no 1573). Signed by Judge William G. Young on 6/12/2014.
June 11, 2014 Opinion or Order Filing 1580 ORDER "Pending the approval of pre-trial memoranda in the cases listed below, the cases are hereby set for trial. In each of these cases trial is not to exceed eight days. The cases are assigned for trial as follows: 1. Berger, 3:09-cv-14157, assigned to Judge Carr for trial in Fort Myers, trial to commence on September 1, 2014. 2. Berry, 3:09-cv-14163, assigned to Judge Treadwell for trial in Ocala, trial to commence on September 22, 2014. 3. Dover, 3:09-cv-11531, assigned to Judge Ponsor for trial in Tampa, trial to commence on September 22, 2014. 4. Kerrivan, 3:09-cv-13703, assigned to Judge Erickson for trial in Orlando, trial to commence on October 6, 2014. 5. Martin, 3:09-cv-12775, assigned to Judge Shelby for trial in Tampa, trial to commence on October 6, 2014. SO ORDERED." Signed by Judge William G. Young on 6/11/2014. (EES) (Additional attachment(s) added on 6/19/2014: #1 Signed Order) (EES).
June 10, 2014 Opinion or Order Filing 1575 NOTICE of compliance re #1564 Order on Motion for Order to Show Cause Certificate of Service by 4432 Individual Tobacco Plaintiffs (Wilner, Norwood)
June 9, 2014 Opinion or Order Filing 1572 MOTION for leave to file a Reply In Support of #1549 Motion to Amend the Wave 7-9 Case Management Order by Various Tobacco Companies. (Ross, Jason) Modified on 6/10/2014 to edit text (AET).
June 9, 2014 Opinion or Order Filing 1571 REPLY in support re #1548 MOTION to Dismiss 27 WAVE 7 CASES WHERE PLAINTIFFS HAVE NOT PRODUCED AUTHORIZATIONS filed by Various Tobacco Companies. (Beyer, Andrew) Modified on 6/10/2014 to edit text (AET).
June 6, 2014 Opinion or Order Filing 1574 ORDER "The cases listed in Exhibit A to this order are DISMISSED WITH PREJUDICE as to the above Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear their own costs and attorneys' fees. The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases." Signed by Judge William G. Young on 6/6/2014. (Attachments: #1 Exhibit A)(EES)
June 6, 2014 Opinion or Order Filing 1573 ORDER entered #1549 motion to amend/correct "June 6, 2014 - To the extent the Case Management Order needs clarification, the defendants shall produce relevant brand specific ingredient lists but need not produce any formula or percentages. Should a protective order be necessary, counsel shall meet, confer, and present the Court with a jointly prepared proposed protective order.". Signed by Judge William G. Young on 6/6/2014. (EES)
June 5, 2014 Opinion or Order Filing 1570 RESPONSE in Opposition re #1548 MOTION to Dismiss 27 WAVE 7 CASES WHERE PLAINTIFFS HAVE NOT PRODUCED AUTHORIZATIONS filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit Ex A Decl of Martin D. Quinones)(Byrd, Kenneth)
June 5, 2014 Opinion or Order Filing 1569 RESPONSE in Opposition re #1549 MOTION to Amend/Correct #1528 Order pdf Wave 7-9 Case Management Order, #1551 MOTION for miscellaneous relief, specifically Contingent Motion for Stay Pending Review , #1552 MOTION for miscellaneous relief, specifically Contingent Motion for Section 1292(b) Certification filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(London, Sarah)
June 5, 2014 Opinion or Order Filing 1568 ORDER granting in part and denying in part #1548 motion to dismiss and #1557SUPPLEMENT to Defendants' Motion to Dismiss 27 Wave 7 Cases"ORDERED:1. Defendants' Motion is GRANTED in part and DENIED in part.2. The Motion is GRANTED as to all claims in cases listed in Exhibit A to this Order. The actions listed are to be DISMISSED WITH PREJUDICE for failure to prosecute pursuant to Federal Rules of Civil Procedure 37(b)(2)(A)(v) and 41(b). The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases.3. The Motion is DENIED AS MOOT as to Plaintiff Carol Donahue (3:09-cv-11522), as this case has already been DISMISSED WITH PREJUDICE in a prior Order (Doc. 1565). 4. The Motion is DENIED as to the five (5) cases listed in Defendants' Supplement for which Plaintiffs have now produced authorizations (Beasley 3:09-cv-11471; Bilanich 3:09-cv-14168; Evans 3:09-cv-13768; Rosemond 3:09-cv-12295; Waddington 3:09-cv-11890). This DENIAL is WITHOUT PREJUDICE to refiling if further deadlines are missed in those cases.SO ORDERED.". Signed by Judge William G. Young on 6/5/2014. (Attachments: #1 Exhibit A) (EES)
June 5, 2014 Opinion or Order Filing 1567 CONSOLIDATED ORDER of DISMISSAL "The cases listed in Exhibit A to this order are DISMISSED WITH PREJUDICE as to the above Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear their own costs and attorneys' fees. The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases." Signed by Judge William G. Young on 6/5/2014. (Attachments: #1 Exhibit A)(EES)
June 5, 2014 Opinion or Order Filing 1566 CONSOLIDATED ORDER of DISMISSAL "The cases listed in Exhibit A to this order are DISMISSED WITH PREJUDICE as to the above Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear their own costs and attorneys' fees. The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases." Signed by Judge William G. Young on 6/5/2014. (Attachments: #1 Exhibit A)(EES)
May 30, 2014 Opinion or Order Filing 1565 ORDER of DISMISSAL. Parties' Motion is GRANTED. All claims in cases listed in Exhibit A to this Order against Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Lorillard Tobacco Company, are DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A). All parties shall bear their own respective fees and costs. The Clerk of Court is DIRECTED to terminate the cases as to the Defendants listed above." Granting #1560 motion to dismiss. Signed by Judge William G. Young on 5/30/2014. (EES)
May 30, 2014 Opinion or Order Filing 1564 ORDER granting in part and denying in part #1559 Motion for Order to Show Cause.. Signed by Judge William G. Young on 5/30/2014. (EES)
May 29, 2014 Opinion or Order Filing 1563 ORDER granting #1547 Motion to Withdraw "1. Plaintiffs' counsel's Motion is GRANTED as to their request to withdraw from these cases. The Clerk of Court is DIRECTED to remove from the CM/ECF electronic service list for pleadings in this matter, the names of all counsel who have appeared as counsel for Plaintiffs in cases listed in Exhibit A to this Order. The Clerk of Court is further DIRECTED to add Plaintiffs' mailing addresses to the electronic service list, if available. Plaintiffs shall keep the Court and defense counsel informed of any address changes.2. The Clerk of Court is further DIRECTED to ADMINISTRATIVELY CLOSE the cases listed in Exhibit A to this Order. Plaintiffs shall retain new counsel who shall file a motion to reopen and a notice of appearance, or alternatively Plaintiffs shall file a motion to reopen accompanied by a notice of proceeding pro se in their case, within one hundred eighty (180) days of the filing of this Order. Failure to do so will result in dismissal with prejudice as to all claims in each respective case for failure to prosecute, pursuant to Federal Rule of Civil Procedure 41(b).3. Plaintiffs' counsel shall serve a copy of this Order on Plaintiffs and file a certificate of service to that effect within fifteen days (15) of the filing of this Order. The Court expects Plaintiffs' counsel will perform those duties necessary to transfer the files to either Plaintiffs or replacement counsel.SO ORDERED.". Signed by Judge William G. Young on 5/29/2014. (EES)
May 28, 2014 Opinion or Order Filing 1562 ENDORSED ORDER entered #1526 Motion to Compel Plaintiffs' Counsel from Lieff Cabraser Heimann & Bernstein, LLP to comply with the Court's Case Management Orders and not interfere with the conduct of the Compulsory Medical Examinations "May 28, 2014- After careful consideration and reflection on the extensive record herein, the Court has determined to enter no order. Unfortunately, these briefs are marred by posturing and stridency unworthy of the search for justice in this massive undertaking, when what is called for is reasonable accommodation.Counsel should understand that, whenever I'm in chambers and not on the bench, I am available telephonically at a moment's notice to resolve any disputes as they may arrive over these compulsory medical examinations. But be warned. As an incentive to act reasonably, the Court will impose discovery and monetary sanctions on the party it finds least reasonable in any dispute it is required to adjudicate. William G. Young, District Judge". Signed by Judge William G. Young on 5/28/2014. (EES)
May 28, 2014 Opinion or Order Filing 1561 RESPONSE TO ORDER TO SHOW CAUSE re #1546 Order to show cause filed by 4432 Individual Tobacco Plaintiffs. (Lantinberg, Richard)
May 22, 2014 Opinion or Order Filing 1560 Sixth MOTION to Dismiss as to 3 Cases by All Plaintiffs. (Wilner, Norwood)
May 21, 2014 Opinion or Order Filing 1559 MOTION for order to show cause Why Cases In Which Plaintiffs Failed To Meet Court-Ordered Deadlines Should Not Be Dismissed For Failure To Prosecute by Various Tobacco Companies. (Yarber, John) Motions referred to Magistrate Judge Joel B. Toomey.
May 21, 2014 Opinion or Order Filing 1558 NOTICE of compliance re #1499 Order on motion to stay Certificate of Service by 4432 Individual Tobacco Plaintiffs (Wilner, Norwood)
May 20, 2014 Opinion or Order Filing 1557 SUPPLEMENT to Defendants' Motion to Dismiss 27 Wave 7 Cases #1555 Supplement to Defendant's Motion to Dismiss 27 Wave 7 Cases by Various Tobacco Companies. (Hamelers, Brittany) (Modified on 5/21/2014 to edit text) (DSY).
May 20, 2014 Opinion or Order Filing 1556 NOTICE of Amended Certificate of Service by Lorillard Tobacco Company, Various Tobacco Companies re #1551 MOTION for miscellaneous relief, specifically Contingent Motion for Stay Pending Review, #1552 MOTION for miscellaneous relief, specifically Contingent Motion for Section 1292(b) Certification (Attachments: #1 Exhibit A)(Beaver, Renee) (Counsel notified regarding correct District Judge code) (Modified on 5/21/2014 to edit text) (DSY).
May 20, 2014 Opinion or Order Filing 1555 SUPPLEMENT regarding Defendant's Motion to Dismiss 27 Wave 7 Cases by Various Tobacco Companies. (Hamelers, Brittany) (Counsel notified regarding correct District Judge code) (Modified on 5/21/2014 to edit text) (DSY).
May 20, 2014 Opinion or Order Filing 1554 NOTICE of Amended Certificate of Service by Various Tobacco Companies re #1549 MOTION to Amend/Correct #1528 Order Wave 7-9 Case Management Order, #1550 Request for oral argument (Attachments: #1 Amended Certificate of Service) (Ross, Jason) (Counsel notified regarding correct District Judge code) (Modified on 5/21/2014 to edit text) (DSY).
May 19, 2014 Opinion or Order Filing 1553 MEMORANDUM in opposition re #1526 Motion for Miscellaneous Relief filed by 4432 Individual Tobacco Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(London, Sarah)
May 19, 2014 Opinion or Order Filing 1552 MOTION for miscellaneous relief, specifically Contingent Motion for Section 1292(b) Certification by Lorillard Tobacco Company, Various Tobacco Companies. (Beaver, Renee)
May 19, 2014 Opinion or Order Filing 1551 MOTION for miscellaneous relief, specifically Contingent Motion for Stay Pending Review by Lorillard Tobacco Company, Various Tobacco Companies. (Beaver, Renee)
May 19, 2014 Opinion or Order Filing 1550 REQUEST for oral argument re #1549 MOTION to Amend/Correct #1528 Order pdf Wave 7-9 Case Management Order by Various Tobacco Companies. (Ross, Jason)
May 19, 2014 Opinion or Order Filing 1549 MOTION to Amend/Correct #1528 Order pdf Wave 7-9 Case Management Order by Various Tobacco Companies. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ross, Jason)
May 19, 2014 Opinion or Order Filing 1548 MOTION to Dismiss 27 WAVE 7 CASES WHERE PLAINTIFFS HAVE NOT PRODUCED AUTHORIZATIONS by Various Tobacco Companies. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hamelers, Brittany)
May 19, 2014 Opinion or Order Filing 1547 MOTION to Withdraw from 5 Specific Pending Cases Because of Lack of Client Contact by All Plaintiffs. (Deupree, Rebecca)
May 15, 2014 Opinion or Order Filing 1546 ORDER TO SHOW CAUSE. "On or before May 30, 2014, Plaintiffs' Counsel is directed to: 1. Show cause as to why serving by U.S. mail a copy of the Court's April 15, 2014 Order Doc. #1499 to a Malinda Santell complies with said Order with respect to Plaintiff Georgia Williams (3:09-cv-12554-WGY-HTS). 2. Show cause as to why serving by U.S. mail a copy of the Court's April 15, 2014 Order Doc. #1499 to a Carl Hagenkotter III, deceased, complies with said Order with respect to Personal Representative Matthew Mark Heekin (3:09-cv-13615-WGY-HTS). 3. Show cause as to why serving by U.S. mail a copy of the Court's April 15, 2014 Order Doc. #1499 to a Dawn McCormick in Richmond, Virginia, who the Court understands to be Carl McCormick's former spouse, complies with said Order with respect to Plaintiff Carl McCormick(3:09-cv-12826-WGY-HTS), who the Court understands to have residence in Jacksonville, Florida. 4. Certify that Plaintiffs' Counsels' continuing obligation under the Court's April 15, 2014 Order #1499 is being met by reasonable efforts to transfer their former clients' case files. SO ORDERED.." Show Cause Response due by 5/30/2014 Signed by Judge William G. Young on 5/15/2014. (EES)
May 15, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Chris A. Johnson, appearing on behalf of Various Tobacco Companies (Filing fee $10 receipt number JAX012537.) Related document: #1540 MOTION for Chris A. Johnson to appear pro hac vice. (BMW)
May 12, 2014 Opinion or Order Filing 1545 CONSOLIDATED ORDER of DISMISSAL "The cases listed in Exhibit A to this order are DISMISSED WITH PREJUDICE as to the above Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Each party shall bear their own costs and attorneys' fees. The Clerk of Court is DIRECTED to terminate any pending deadlines and motions, and to close these cases." Signed by Judge William G. Young on 5/12/2014. (Attachments: #1 Exhibit)(EES)
May 12, 2014 Opinion or Order Filing 1544 NOTICE of supplemental authority re #1386 MOTION to Dismiss or for Summary Judgment On 91 Time-Barred Claims , #1453 Response in Opposition to Motion, #1522 Notice of filing supplemental authority by Various Tobacco Companies. (Attachments: #1 Exhibit A, #2 Exhibit B)(Yarber, John)
May 12, 2014 Opinion or Order Filing 1543 ENDORSED ORDER finding as moot #1511 Motion for Leave to File "This motion is rendered moot by the adoption of the Case Management Order for waves 7, 8, and 9. The plaintiffs may propose these interrogatories for succeeding waves.". Signed by Judge William G. Young on 5/12/2014. (EES)
May 8, 2014 Opinion or Order Filing 1542 ENDORSED ORDER granting #1540 motion to appear pro hac vice. If Chris A. Johnson, Esq. has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Judge William G. Young on 5/8/2014. (FDM)
May 8, 2014 Opinion or Order Filing 1541 Written designation and consent to act by Daniel F. Molony on behalf of Various Tobacco Companies. Local Counsel: Daniel F. Molony. Non-Resident Counsel: Chris A. Johnson. (Molony, Daniel)
May 8, 2014 Opinion or Order Filing 1540 MOTION for Chris A. Johnson to appear pro hac vice by Various Tobacco Companies. (Molony, Daniel) Motions referred to Magistrate Judge Joel B. Toomey.
May 6, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Matthew Oster, appearing on behalf of Various Tobacco Companies (Filing fee $10 receipt number JAX012439.) Related document: #1532 MOTION for Matthew Oster to appear pro hac vice. (BMW)
May 5, 2014 Opinion or Order ***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Colin Schreck, appearing on behalf of Various Tobacco Companies (Filing fee $10 receipt number JAX012414.) Related document: #1529 MOTION for Colin Schreck to appear pro hac vice. (BMW)
May 5, 2014 Opinion or Order Filing 1539 RESPONSE in Opposition re #1511 MOTION for leave to file Plaintiff's Contested Motion for Leave to Serve Defendants with Expert Witness Development Discovery filed by Various Tobacco Companies. (Attachments: #1 Exhibit A, #2 Exhibit B)(Yarber, John)
May 2, 2014