Birch et al v. Publix Super Markets, Inc. et al
Plaintiff: Teresa Birch and Robert Birch
Defendant: Imerys USA, Inc., Imerys Minerals USA, Inc., Procter & Gamble Productions, Inc. a/k/a The Procter & Gamble Company, Imerys Talc America, Inc., Publix Super Markets, Inc., Whittaker Clark & Daniels Inc., Johnson & Johnson, Inc., Johnson & Johnson Consumer, Inc. and GlaxoSmithKline, LLC
Case Number: 0:2018cv61664
Filed: July 19, 2018
Court: US District Court for the Southern District of Florida
Office: Ft Lauderdale Office
County: Broward (Office: Ft Lauderdale)
Presiding Judge: K Michael Moore
Referring Judge: Lurana S Snow
Nature of Suit: P.I. : Asbestos
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 11, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2018 Opinion or Order Filing 63 PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #60 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #60 is GRANTED. James F. Murdica may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jmurdica@btlaw.com. Signed by Chief Judge K. Michael Moore on 9/11/2018. (jm01)
September 10, 2018 Filing 62 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James F. Murdica. Filing Fee $ 75.00 Receipt # 113C-10981342 by Publix Super Markets, Inc.. Responses due by 9/24/2018 (Krigbaum, Stephen)
September 10, 2018 Opinion or Order Filing 61 PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #60 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #60 is GRANTED. Pooja Patel may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to ppatel@mkclaw.us.com. Signed by Chief Judge K. Michael Moore on 9/10/2018. (jm01)
September 10, 2018 Filing 60 Defendant's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Pooja Patel, Esq.. Filing Fee $ 75.00 Receipt # 113C-10980207 by Whittaker Clark & Daniels Inc.. Responses due by 9/24/2018 (Sullivan, Mallory)
September 7, 2018 Filing 59 RESPONSE in Support re #34 MOTION to Remand filed by Robert Birch, Teresa Birch. (Attachments: #1 Exhibit Exhibits A-J)(Vinocur, Rebecca)
September 4, 2018 Filing 58 RESPONSE to Motion re #49 Cross MOTION to Continue re #18 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM AND FRAUDULENT JOINDER filed by Publix Super Markets, Inc. filed by Publix Super Markets, Inc.. Replies due by 9/11/2018. (Harris, M)
September 4, 2018 Filing 57 STIPULATION (Amended) by Imerys Talc America, Inc. (Weinstein, Stuart)
August 31, 2018 Filing 56 RESPONSE in Opposition re #34 MOTION to Remand filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc., Publix Super Markets, Inc.. Replies due by 9/7/2018. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Cindy Roberts)(Conigliaro, Matthew)
August 30, 2018 Filing 55 STIPULATION of Substitution of Counsel by Imerys Talc America, Inc. (Weinstein, Stuart)
August 30, 2018 Filing 54 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Michael P. Essington. (Vinocur, Rebecca)
August 30, 2018 Filing 53 Clerks Notice to Filer re #52 Notice (Other). Mediator Not Added; ERROR - The Filer failed to add mediator. Filer is instructed to file a Notice of Entry of Parties and add the mediator. (asl)
August 29, 2018 Filing 52 NOTICE by Robert Birch, Teresa Birch re 42 Order Referring Case to Mediation,,,,,,,,,,,,,,,, Notice of Selection of Mediator (Vinocur, Rebecca)
August 28, 2018 Filing 51 NOTICE of Attorney Appearance by Stuart Aaron Weinstein on behalf of Imerys Talc America, Inc.. Attorney Stuart Aaron Weinstein added to party Imerys Talc America, Inc.(pty:dft). (Weinstein, Stuart)
August 27, 2018 Filing 50 REPLY to Response to Motion re #18 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM AND FRAUDULENT JOINDER Defendant Publix Super Markets Inc.'s Reply in Support of its Motion to Dismiss for Failure to State a Claim and Fraudulent Joinder and OPPOSITION TO PLAINTIFFS' CROSS-MOTION FOR LEAVE TO AMEND INITIAL COMPLAINT filed by Publix Super Markets, Inc.. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Cindy Roberts)(Conigliaro, Matthew)
August 20, 2018 Filing 49 Cross MOTION to Continue re #18 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM AND FRAUDULENT JOINDER filed by Publix Super Markets, Inc. by Robert Birch, Teresa Birch. Responses due by 9/4/2018 (Vinocur, Rebecca)
August 20, 2018 Filing 48 RESPONSE in Opposition re #18 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM AND FRAUDULENT JOINDER filed by Robert Birch, Teresa Birch. Replies due by 8/27/2018. (Vinocur, Rebecca)
August 16, 2018 Opinion or Order Filing 47 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Johnson & Johnson, Inc., Johnson & Johnson Consumer, Inc., and Publix Super Markets, Inc.'s Unopposed Motion for an Extension of Time to Respond #45 to Plaintiff's Motion to Remand #34 . UPON CONSIDERATION of the Motion 44 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #45 is GRANTED. Defendants Johnson & Johnson, Inc., Johnson & Johnson Consumer, Inc., and Publix Super Markets, Inc. shall respond to the Plaintiff's Motion to Remand #34 on or before August 31, 2018. Signed by Chief Judge K. Michael Moore on 8/16/2018. (jm01)
August 16, 2018 Filing 46 NOTICE of Attorney Appearance by Angela Marie Swenka on behalf of Imerys Minerals USA, Inc., Imerys Talc America, Inc., Imerys USA, Inc.. Attorney Angela Marie Swenka added to party Imerys Minerals USA, Inc.(pty:dft), Attorney Angela Marie Swenka added to party Imerys Talc America, Inc.(pty:dft), Attorney Angela Marie Swenka added to party Imerys USA, Inc.(pty:dft). (Swenka, Angela)
August 16, 2018 Filing 45 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #34 MOTION to Remand by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc., Publix Super Markets, Inc.. (Attachments: #1 Text of Proposed Order)(Conigliaro, Matthew)
August 15, 2018 Opinion or Order Filing 44 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for an Extension of Time to Respond #43 to Defendant's Motion to Dismiss #40 . UPON CONSIDERATION of the Motion #43 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #43 is GRANTED. Plaintiff shall respond to the Defendant's Motion to Dismiss #40 on or before September 27, 2018. Signed by Chief Judge K. Michael Moore on 8/15/2018. (jm01)
August 15, 2018 Filing 43 MOTION for Extension of Time to Respond to Defendants' Motions to Dismiss re #40 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,, and for Failure to State a Claim by Robert Birch, Teresa Birch. Responses due by 8/29/2018 (Vinocur, Rebecca)
August 14, 2018 Opinion or Order Filing 42 PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning September 16, 2019, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. A place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 8/14/2018. (jm01)
August 14, 2018 Opinion or Order Filing 41 PAPERLESS ORDER SCHEDULING TRIAL IN FORT LAUDERDALE. This case is now set for trial commencing the two week trial period of September 16, 2019, at 9 a.m. in the United States District Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida. The assigned courtroom will be announced at the calendar call. All parties are directed to report to the calendar call on September 12, 2019, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for September 3, 2019, at 11 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A NOTICE OF UNAVAILABILITY BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 8/14/2018. (jm01) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
August 13, 2018 Filing 40 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,, and for Failure to State a Claim by Imerys Minerals USA, Inc., Imerys Talc America, Inc., Imerys USA, Inc.. Responses due by 8/27/2018 (Attachments: #1 Exhibit "A" - Affidavit of Patrick Downey, #2 Exhibit "B" - Affidavit of Tareck Rabbani, #3 Exhibit "C" - Affidavit of Mile Ivkovic, #4 Exhibit "D" - Stevenson Order)(Spector, Morgan)
August 13, 2018 Filing 39 Joint SCHEDULING REPORT - Rule 16.1 by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc., Publix Super Markets, Inc. (Harris, M)
August 13, 2018 Filing 38 Corporate Disclosure Statement by Procter & Gamble Productions, Inc. a/k/a The Procter & Gamble Company (McCutcheon, Caitlyn)
August 13, 2018 Filing 37 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Whittaker Clark & Daniels Inc.. (Sullivan, Mallory)
August 10, 2018 Filing 36 Corporate Disclosure Statement by Imerys Talc America, Inc. (Passaro, Geralyn)
August 10, 2018 Filing 35 ANSWER and Affirmative Defenses to Complaint with Jury Demand by GlaxoSmithKline, LLC. (Golembe, Joshua)
August 9, 2018 Filing 34 MOTION to Remand by Robert Birch, Teresa Birch. (Vinocur, Rebecca)
August 7, 2018 Opinion or Order Filing 33 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for an Extension of Time to Respond to Defendant Publix's Motion to Dismiss. #32 . UPON CONSIDERATION of the Motion #32 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiffs shall respond to Defendant Publix's Motion to Dismiss #18 on or before August 19, 2018. Signed by Chief Judge K. Michael Moore on 8/7/2018. (jm01)
August 6, 2018 Filing 32 MOTION for Extension of Time to File Response/Reply/Answer as to #18 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM AND FRAUDULENT JOINDER by Robert Birch, Teresa Birch. (Vinocur, Rebecca)
July 31, 2018 Opinion or Order Filing 31 PAPERLESS ORDER. THIS CAUSE came before the Court upon attorney Bruno Renda's Motion to Withdraw as Counsel for Defendant Whittaker Clark & Daniels Inc. #29 . Therein, Bruno Renda informed the Court that he is no longer employed at McGivney, Kluger & Cook, and therefore, is no longer counsel of record for Whittaker, Clark & Daniels. However, Mallory A. Sullivan of the law firm of McGivney, Kluger & Cook filed her Notice of Appearance as counsel of record for Whittaker, Clark & Daniels, Inc. Accordingly, UPON CONSIDERATION of the Motion #29 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Unopposed Motion to Withdraw as Attorney #29 is GRANTED. Signed by Chief Judge K. Michael Moore on 7/31/2018. (jm01)
July 31, 2018 Filing 30 Corporate Disclosure Statement by Whittaker Clark & Daniels Inc. identifying Corporate Parent Soco West, Inc., Corporate Parent Brilliant National Services, Inc. for Whittaker Clark & Daniels Inc. (Sullivan, Mallory)
July 31, 2018 Filing 29 Unopposed MOTION to Withdraw as Attorney by Bruno Renda for / by Whittaker Clark & Daniels Inc.. Responses due by 8/14/2018 (Renda, Bruno)
July 31, 2018 Opinion or Order Filing 28 PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #25 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #25 is GRANTED. James A. Plastiras may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jplastiras@p2Iaw.com. Signed by Chief Judge K. Michael Moore on 7/31/2018. (jm01)
July 31, 2018 Opinion or Order Filing 27 PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #24 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #24 is GRANTED. Daniel J. Woodard may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to dwoodard@p2Iaw.com. Signed by Chief Judge K. Michael Moore on 7/31/2018. (jm01)
July 31, 2018 Opinion or Order Filing 26 PAPERLESS ORDER. THIS CAUSE came before the Court upon a Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings. #23 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #23 is GRANTED. Brendan J. Tully may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to btully@p2Iaw.com Signed by Chief Judge K. Michael Moore on 7/31/2018. (jm01)
July 31, 2018 Filing 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James A. Plastiras. Filing Fee $ 75.00 Receipt # 113C-10863835 by Robert Birch, Teresa Birch. Responses due by 8/14/2018 (Attachments: #1 Text of Proposed Order)(Vinocur, Rebecca)
July 31, 2018 Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel J. Woodard. Filing Fee $ 75.00 Receipt # 113C-10863772 by Robert Birch, Teresa Birch. Responses due by 8/14/2018 (Attachments: #1 Text of Proposed Order)(Vinocur, Rebecca)
July 31, 2018 Filing 23 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brendan J. Tully. Filing Fee $ 75.00 Receipt # 113C-10863713 by Robert Birch, Teresa Birch. Responses due by 8/14/2018 (Attachments: #1 Text of Proposed Order)(Vinocur, Rebecca)
July 27, 2018 Set Answer Due Deadline per 22 Order: GlaxoSmithKline, LLC response due 8/10/2018. (asl)
July 27, 2018 Set Answer Due Deadline per 21 Order: Whittaker Clark & Daniels Inc. response due 8/13/2018. (asl) Modified Date Filed on 7/30/2018 (asl).
July 27, 2018 Opinion or Order Filing 22 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant GlaxoSmithKline, LLC's Unopposed Motion for an Extension of Time to Respond to the Complaint. #19 . UPON CONSIDERATION of the Motion #19 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #19 is GRANTED. Defendant GlaxoSmithKline, LLC shall respond to the Complaint on or before August 10, 2018. Signed by Chief Judge K. Michael Moore on 7/27/2018. (jm01)
July 27, 2018 Opinion or Order Filing 21 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Whittaker, Clark and Daniels, Inc.'s Unopposed Motion for an Extension of Time to Respond to the Complaint. #17 . UPON CONSIDERATION of the Motion #17 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #17 is GRANTED. Defendant Whittaker, Clark and Daniels, Inc. shall respond to the Complaint on or before August 13, 2018. Signed by Chief Judge K. Michael Moore on 7/27/2018. (jm01)
July 27, 2018 Filing 20 Clerks Notice to Filer re #19 Agreed MOTION for Extension of Time Extension of Time to Respond to Complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
July 26, 2018 Filing 19 Agreed Motion for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint) by GlaxoSmithKline, LLC. Responses due by 8/9/2018 (Attachments: #1 Exhibit)(Golembe, Joshua) Modified Relief on 7/27/2018 (ls).
July 26, 2018 Filing 18 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM AND FRAUDULENT JOINDER by Publix Super Markets, Inc.. Responses due by 8/9/2018 (Conigliaro, Matthew)
July 26, 2018 Filing 17 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,, by Whittaker Clark & Daniels Inc.. (Sullivan, Mallory)
July 26, 2018 Filing 16 NOTICE of Attorney Appearance by Mallory Ashton Sullivan on behalf of Whittaker Clark & Daniels Inc.. Attorney Mallory Ashton Sullivan added to party Whittaker Clark & Daniels Inc.(pty:dft). (Sullivan, Mallory)
July 26, 2018 Filing 15 Corporate Disclosure Statement by Publix Super Markets, Inc. (Conigliaro, Matthew)
July 26, 2018 Filing 14 ANSWER and Affirmative Defenses to Complaint with Jury Demand to State Court Complaint by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc.. (Conigliaro, Matthew)
July 26, 2018 Filing 13 Corporate Disclosure Statement by Johnson & Johnson Consumer, Inc. identifying Corporate Parent Johnson & Johnson, Inc. for Johnson & Johnson Consumer, Inc. (Conigliaro, Matthew)
July 26, 2018 Filing 12 Corporate Disclosure Statement by Johnson & Johnson, Inc. (Conigliaro, Matthew)
July 26, 2018 Opinion or Order Filing 11 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Imerys Talc America, Inc., Imerys Minerals USA, Inc., and Imerys USA, Inc.'s Unopposed Motion for an Extension of Time to Respond to the Complaint. #10 . UPON CONSIDERATION of the Motion #10 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #10 is GRANTED. Defendants Imerys Talc America, Inc., Imerys Minerals USA, Inc., and Imerys USA, Inc. shall respond to the Complaint on or before August 13, 2018. Signed by Chief Judge K. Michael Moore on 7/26/2018. (jm01)
July 26, 2018 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,, by Imerys Minerals USA, Inc., Imerys Talc America, Inc., Imerys USA, Inc.. (Attachments: #1 Text of Proposed Order)(Spector, Morgan)
July 26, 2018 Filing 9 NOTICE of Attorney Appearance by Morgan Fairthorne Spector on behalf of Imerys Minerals USA, Inc., Imerys Talc America, Inc., Imerys USA, Inc.. Attorney Morgan Fairthorne Spector added to party Imerys Minerals USA, Inc.(pty:dft), Attorney Morgan Fairthorne Spector added to party Imerys Talc America, Inc.(pty:dft), Attorney Morgan Fairthorne Spector added to party Imerys USA, Inc.(pty:dft). (Spector, Morgan)
July 23, 2018 Opinion or Order Filing 8 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES Signed by Magistrate Judge Lurana S. Snow on 7/23/2018. See attached document for full details. (yha)
July 22, 2018 Opinion or Order Filing 7 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 7/22/2018. (mll)
July 22, 2018 Opinion or Order Filing 6 PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 7/22/2018. (mll)
July 20, 2018 Filing 5 Bar Letter re: Admissions sent to attorney Noor Fawzy, mailing date July 20, 2018, (pt)
July 20, 2018 Filing 4 Bar Letter re: Admissions sent to attorney Pooja Patel, mailing date July 20, 2018, (pt)
July 20, 2018 Filing 3 Bar Letter re: Admissions sent to attorney Brendan J. Tully, James A. Plastiras, Daniel J. Woodard, mailing date July 20, 2018, (pt)
July 19, 2018 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (asl)
July 19, 2018 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Demand for Jury Trial) Filing fee $ 400.00 receipt number 113C-10834454, filed by Johnson & Johnson Consumer, Inc., Johnson & Johnson, Inc., Publix Super Markets, Inc.. (Attachments: #1 Exhibit 1 - Florida State Court Complaint, #2 Exhibit 2 - Verified Returns of Service, #3 Exhibit 3 - State Court File, #4 Exhibit 4 - New York State Court Complaint, #5 Exhibit 5 - Declaration of Cindy Roberts, #6 Exhibit 6 - Consents by Defendants, #7 Exhibit 7 - Notice of Filing Notice of Removal of Civil Actions to United States District Court, #8 Civil Cover Sheet). ANSWER FILED by Procter & Gamble Company- See Exhibit 3 pg 151 (Conigliaro, Matthew) Modified text on 7/20/2018 (asl).

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Search for this case: Birch et al v. Publix Super Markets, Inc. et al
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Defendant: Imerys USA, Inc.
Represented By: Geralyn Marie Passaro
Represented By: Angela Marie Swenka
Represented By: Morgan Fairthorne Spector
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Defendant: Imerys Minerals USA, Inc.
Represented By: Geralyn Marie Passaro
Represented By: Angela Marie Swenka
Represented By: Morgan Fairthorne Spector
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Defendant: Procter & Gamble Productions, Inc. a/k/a The Procter & Gamble Company
Represented By: Caitlyn R. McCutcheon
Represented By: David Weese Marston, Jr.
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Defendant: Imerys Talc America, Inc.
Represented By: Geralyn Marie Passaro
Represented By: Angela Marie Swenka
Represented By: Stuart Aaron Weinstein
Represented By: Morgan Fairthorne Spector
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Defendant: Publix Super Markets, Inc.
Represented By: Matthew John Conigliaro
Represented By: Ryan Stephen Cobbs
Represented By: M Derek Harris
Represented By: Stephen J. Krigbaum
Represented By: James F. Murdica
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Defendant: Whittaker Clark & Daniels Inc.
Represented By: Noor Fawzy
Represented By: Pooja Patel
Represented By: Bruno Renda
Represented By: Mallory Ashton Sullivan
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Defendant: Johnson & Johnson, Inc.
Represented By: Matthew John Conigliaro
Represented By: Ryan Stephen Cobbs
Represented By: M Derek Harris
Represented By: Stephen J. Krigbaum
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Defendant: Johnson & Johnson Consumer, Inc.
Represented By: Matthew John Conigliaro
Represented By: Ryan Stephen Cobbs
Represented By: M Derek Harris
Represented By: Stephen J. Krigbaum
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Defendant: GlaxoSmithKline, LLC
Represented By: F. Bryant Blevins
Represented By: Joshua Alan Golembe
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Plaintiff: Teresa Birch
Represented By: Brendan J. Tully
Represented By: Daniel J. Woodard
Represented By: James A. Plastiras
Represented By: Rebecca Shull Vinocur
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Plaintiff: Robert Birch
Represented By: Brendan J. Tully
Represented By: Daniel J. Woodard
Represented By: James A. Plastiras
Represented By: Rebecca Shull Vinocur
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