Fong v. Johnson & Johnson Consumer Inc. et al
| Heather Fong |
| Johnson & Johnson Consumer Inc., Kenvue Inc., Reckitt Benckiser LLC, Pfizer, Inc., Wal-Mart, Inc. and Wal-Mart Stores East, LP |
| 2:2023cv02430 |
| September 21, 2023 |
| US District Court for the District of Kansas |
| John W Broomes |
| Rachel E Schwartz |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Plaintiff |
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 6
ORDER granting in part and denying in part #4 Joint Motion to Substitute Proper Parties and Stay Proceedings. The Court finds good cause to grant the Joint Motion to the extent it seeks to stay this case pending a decision by the Judicial Panel on Multidistrict Litigation ("JPML") on the motion to transfer. If the JPML does not grant the motion to transfer, the parties are ordered to file a joint status report within 14 calendar days of the JMPL's decision. Similarly, the Court finds good cause to delay the issuance of a scheduling order and the Court will revisit the issuance of a scheduling order after the JPML's decision. With regard to the request to substitute proper parties, the Court denies this request. Rather than amending as a matter of course pursuant to Rule 15(a)(1) or filing a motion for leave to file an amended complaint, the Joint Motion seeks to: dismiss one named Defendant; to dismiss two other named Defendants and to substitute these Defendants with different corporate entities; and to amend the case caption accordingly. The existing Complaint contains multiple paragraphs containing factual allegations regarding the existing named Defendants, including allegations regarding their corporate structures and citizenships. The Joint Motion does not cite to or rely on any rule or authority that a motion to substitute is the proper procedural mechanism for such substantive amendments. By merely substituting the names of certain Defendants in the case caption and not making corresponding changes to these factual allegations, the substitutions likely render paragraphs within the Complaint inaccurate or incomplete, which will create unnecessary ambiguity going forward. The Court therefore denies the Joint Motion to the extent it seeks to substitute or dismiss parties. Plaintiff is instead directed to address such material changes to the proper parties via Rule 15 or Rule 41. Signed by Magistrate Judge Rachel E. Schwartz on 10/30/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jrh)
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| Filing 5 CERTIFICATE OF SERVICE of Joint Motion to Substitute Proper Parties and Stay Proceedings by Johnson & Johnson Consumer Inc. (McGroder, Lori) |
| Filing 4 JOINT MOTION to Substitute Proper Parties and Stay Proceedings by Defendant Johnson & Johnson Consumer Inc. (Motion referred to Magistrate Judge Rachel E. Schwartz.) (McGroder, Lori) |
| SUMMONS ISSUED as to Johnson & Johnson Consumer Inc., Kenvue Inc., Pfizer, Inc., Reckitt Benckiser LLC, Wal-Mart Stores East, LP, Wal-Mart, Inc. (issued to Attorney for service) Notice, Consent, and Reference of a Civil Action to a Magistrate Judge Form provided to counsel for service with complaint. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (nac) |
| NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Rachel E. Schwartz for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (nac) |
| Filing 3 CIVIL COVER SHEET by Plaintiff Heather Fong. (Kronawitter, Joseph) |
| Filing 2 DESIGNATION OF PLACE OF TRIAL filed by Plaintiff Heather Fong - trial to be held in Kansas City. (Kronawitter, Joseph) |
| Filing 1 COMPLAINT with trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-6159412.), filed by Heather Fong.(Kronawitter, Joseph) |
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