Baity et al v. Johnson & Johnson et al
| Steven Ray, Kevin Baity, April Ray, Larry Milligan, Diane Zappia, Debra Hyde, Tamara Daily, Carrie Dodson, Patricia Milligan, Brandon Baity, Francisca Hernandez, Brenda Hollingsworth, Rhonda Ryan, Carolyn Gower, Sandra Clarke, Annette Llamas, Deborah Dickinson, Rose Petrick, Stephanie Kinyon, Jerilyn Lewis, Nancy Day, Karen Murphy-Cortlett, Mona Lisa D'Onofrio, Alice Cook, Diane Oak, Noreen Sheils, Sherri Brown, Iva Jaghab, Toni Zinda, Linda Jo Maples, Charlene MacGillivray, Elizabeth Marie Piper, Laura Strachan, Noreen Scherber, Bonnie Smith-Adams, Prisca Smith, Cheryl Emerson, Lacey Latiolais Murphy, Ann Marie Romero, Sharron Cooper, Phyllis Brown, Angela Butcher, Barbra J. Smith, Mary Blair, Jennifer Todd, Terry Knutson, Jo Ann Lewis, Amanda Blaes, Karen Biggs, Hope Ann Parece, Valerie Harrington, Rita Porter, Nancy Bridges, Susan Munson, Marilyn Stark, Cheri McCulley, Kerry Sullivan, Donna Falco, Regina Emming, Marlo Washington, Elaine Tickle, Kathy Keiser, Connie Holmes, Mary McKee, Helen Robertson, Iendumati Shah, Carla Wright, Heather Zilka, Rebecca Clark, Sue Tucksen, Sheila Stevens, Iris Qualls, Ruth Zylstra, Viola Anonson, Deborah Dewley, Janice Salter, JoAnn Taylor Mixon, Cheryl Parda, Sharon Slade, Ashley Bowers, Olivia Garbeth, Terri Zobel, Elizabeth Smith, April Joslyn, Sylvia Castaneda, Karen Hall, Pamela Bales, Anna Britton, Michelle Mejido, Barbara Jones, Brenda Frederick, Renee Stravitz, Maureen Holst-Gadient, Nereida Ortiz, Cheryle Conti, Lynette Sharp, Bernadette Hewlett, Angela Gonzalez, Martha Estevez, Tracey Williams, Shelley Maloney, Elizabeth Sauceda, Diane Beggs, Maria Brown, Joyce Jones, Patricia Seguin, Addie Freligh, Sandra J. Smith, Helen Shankle, Rose Mulholland, Katherine Downes-Lewis, Stacy Davis, Myrtle Jean Zimmerman, Kathaleen Gottino, Gilda England, Angela Huckstep, Maria Manfre, Karron Ziegler, Christy McDaniel and Joyce Manning |
| Johnson & Johnson and Ethicon, Inc. |
| 3:2020cv01367 |
| December 23, 2020 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2022. A more recent docket listing may be available from PACER.
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Filing 28
RESPONSE to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by All Plaintiffs. (Flint, Jacob)
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Filing 27
RESPONSE to Motion re #25 MOTION to Sever filed by All Plaintiffs. (Flint, Jacob)
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Filing 26
MEMORANDUM in Support re #25 MOTION to Sever filed by Ethicon, Inc., Johnson & Johnson. (Knutson, Sherry)
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Filing 25
MOTION to Sever by Ethicon, Inc., Johnson & Johnson. (Knutson, Sherry)
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Filing 24
MEMORANDUM in Support re #23 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Ethicon, Inc., Johnson & Johnson. (Knutson, Sherry)
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Filing 23
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Ethicon, Inc., Johnson & Johnson. Responses due by 4/15/2021 (Knutson, Sherry)
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Filing 22
ORDER granting #21 Motion for Extension of Time to Answer. The Court EXTENDS the deadline for Defendants Johnson & Johnson and Ethicon, Inc., to answer the complaint until 3/12/2021. Signed by Chief Judge Nancy J. Rosenstengel on 1/27/2021. (dhg)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Set Deadlines: Ethicon, Inc. answer due 3/12/2021; Johnson & Johnson answer due 3/12/2021. (kek)
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Filing 21
MOTION for Extension of Time to File Answer Unopposed Motion for Extension of Time to Answer or Otherwise Respond to Plaintiffs' Complaint by Ethicon, Inc., Johnson & Johnson. (Knutson, Sherry)
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Filing 20
NOTICE of Appearance by Sherry A. Knutson on behalf of Ethicon, Inc., Johnson & Johnson (Knutson, Sherry)
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Filing 19
NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Chief Judge Nancy J. Rosenstengel for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:20-cv-01367-NJR. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Feldman, Andrew)
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Filing 17
NOTICE: All Plaintiffs were directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, All Plaintiffs shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 1/27/2021 (kek)
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Filing 16
AMENDED COMPLAINT Second Amended Complaint against All Defendants, filed by All Plaintiffs.(Flint, Jacob)
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Filing 15
ORDER re #14 : This matter comes before the Court on Plaintiffs' request for leave to file their Second Amended Complaint (Doc. 14). Although Federal Rule of Civil Procedure 15(a) provides that a party may amend a pleading, and that leave to amend should be freely given when justice so requires, courts in their sound discretion may deny a proposed amendment if the moving party has unduly delayed in filing the motion, if the opposing party would suffer undue prejudice, or if the pleading is futile. Soltys v. Costello, 520 F.3d 737, 743 (7th Cir. 2008) (quoting Campania Mgmt. Co. v. Rooks, Pitts & Poust, 290 F.3d 843, 848-49 (7th Cir. 2002)). Plaintiffs' motion is neither unduly delayed nor dilatory and there is no indication the filing of the same would cause Defendants undue prejudice. Accordingly, Plaintiffs' Motion for Leave to File Second Amended Complaint (Doc. 14) is GRANTED. Plaintiffs to file their Second Amended Complaint on or before 1/13/2021. The Court further finds that Plaintiffs satisfied the Show Cause Order found at Doc. 13. Signed by Magistrate Judge Reona J. Daly on 1/11/2021. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
RESPONSE TO ORDER TO SHOW CAUSE by All Plaintiffs filed by All Plaintiffs. (Attachments: #1 Exhibit Second Amended Complaint)(Flint, Jacob)
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Filing 13
ORDER: Plaintiffs shall show cause on or before 1/14/2021 why this matter should not be dismissed for lack of subject matter jurisdiction. Signed by Magistrate Judge Reona J. Daly on 1/7/2021. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
AMENDED COMPLAINT against All Defendants, filed by Tracey Williams, Elizabeth Smith, Rose Mulholland, Jo Ann Lewis, Helen Shankle, Elizabeth Marie Piper, Deborah Dickinson, Cheryl Emerson, Nancy Bridges, Iris Qualls, Brenda Hollingsworth, Diane Oak, Deborah Dewley, Karen Biggs, Myrtle Jean Zimmerman, Christy McDaniel, Michelle Mejido, Nancy Day, Maria Manfre, Hope Ann Parece, Mary McKee, Iva Jaghab, Regina Emming, Stacy Davis, Viola Anonson, Sharon Slade, Nereida Ortiz, Susan Munson, Marlo Washington, Barbara Jones, Karen Hall, Rhonda Ryan, Sue Tucksen, Sharron Cooper, Pamela Bales, Katherine Downes-Lewis, Kathaleen Gottino, Renee Stravitz, April Joslyn, Bernadette Hewlett, Joyce Jones, Iendumati Shah, Lacey Latiolais Murphy, Karen Murphy-Cortlett, Sandra Clarke, Toni Zinda, Karron Ziegler, Heather Zilka, Bonnie Smith-Adams, Maria Brown, Cheryl Parda, Anna Britton, Brenda Frederick, Linda Jo Maples, Sheila Stevens, Prisca Smith, Phyllis Brown, Alice Cook, Joyce Manning, Connie Holmes, Terry Knutson, Mary Blair, Helen Robertson, Janice Salter, Sylvia Castaneda, Laura Strachan, Francisca Hernandez, Sherri Brown, Gilda England, Rose Petrick, Olivia Garbeth, Carolyn Gower, Marilyn Stark, Rebecca Clark, Valerie Harrington, Addie Freligh, Mona Lisa D'Onofrio, Annette Llamas, Angela Gonzalez, Elizabeth Sauceda, Charlene MacGillivray, Maureen Holst-Gadient, Elaine Tickle, Noreen Scherber, JoAnn Taylor Mixon, Patricia Seguin, Jerilyn Lewis, Cheryle Conti, Terri Zobel, Rita Porter, Angela Butcher, Noreen Sheils, Diane Beggs, Amanda Blaes, Ruth Zylstra, Jennifer Todd, Ann Marie Romero, Kathy Keiser, Kerry Sullivan, Carla Wright, Stephanie Kinyon, Angela Huckstep, Cheri McCulley, Barbara Smith, Martha Estevez, Ashley Bowers, Sandra Smith, Sharp Lynette, Donna Falco, Shelley Maloney.(Flint, Jacob)
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Filing 11
ORDER: The Clerk of Court is DIRECTED TO STRIKE Plaintiffs' #10 Amended Complaint. Plaintiffs failed to list the new Plaintiffs in the caption of the Complaint. Fed. R. Civ. P. 10(a). Plaintiffs also failed to enter the new Plaintiffs into CM/ECF when electronically filing the Amended Complaint. See Section 4.0 of the CM/ECF User's Manual. Accordingly, Plaintiffs' Amended Complaint shall be stricken. Signed by Magistrate Judge Reona J. Daly on 1/4/2021. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
STRICKEN, per Order at Doc. 11. AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit listing of 110 additional plaintiffs)(Flint, Jacob) Modified on 1/4/2021 (kls3).
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Filing 9
ORDER: Plaintiffs' Motion to Amend/Correct #1 Complaint (Doc. 8) is DENIED AS MOOT. Federal Rule of Civil Procedure 15(a)(1) allows Plaintiffs to amend their pleading once as a matter of course within 21 days of serving it. As it appears that Defendants have not yet been served (or if they have, less than 21 days have passed since service), Plaintiffs do not need an Order from the Court allowing them to file their Amended Complaint. Signed by Magistrate Judge Reona J. Daly on 12/30/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
MOTION to Amend/Correct #1 Complaint, by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1 to Motion, #2 Exhibit Exhibit 1 to First Amended Complaint)(Flint, Jacob)
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Filing 7
Summons Issued as to Ethicon, Inc., and original mailed to Attorney Feldman. (kdw)
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Filing 6
Summons Issued as to Johnson & Johnson and original mailed to Attorney Feldman. (kdw)
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Filing 5
NOTICE of Appearance by Jacob Alex Flint on behalf of All Plaintiffs (Flint, Jacob)
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Filing 4
NOTICE of Appearance by Andrew Jay Feldman on behalf of Brandon Baity, Kevin Baity, Tamara Daily, Carrie Dodson, Debra Hyde, Larry Milligan, Patricia Milligan, April Ray, Steven Ray, Diane Zappia (Feldman, Andrew)
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Filing 3
NOTICE OF ACTION re #1 Complaint, filed by Patricia Milligan, Steven Ray, April Ray, Larry Milligan, Carrie Dodson, Kevin Baity, Tamara Daily, Brandon Baity, Diane Zappia, Debra Hyde. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Feldman does not have a Notice of Appearance on file in this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Plaintiffs. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-1367-RJD. Consent due by 1/19/2021 (kdw)
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Filing 1
COMPLAINT against Ethicon, Inc., Johnson & Johnson ( Filing fee $ 402 receipt number 0754-4364219.), filed by April Ray, Carrie Dodson, Diane Zappia, Larry Milligan, Tamara Daily, Kevin Baity, Brandon Baity, Debra Hyde, Steven Ray, Patricia Milligan. (Attachments: #1 Civil Cover Sheet, #2 Summons Johnson & Johnson, #3 Summons Ethicon, Inc.)(Feldman, Andrew)
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