Wilson et al v. Johnson & Johnson
| Susan Wilson and Daniel Wilson |
| Johnson & Johnson |
| 1:2019cv10764 |
| April 18, 2019 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1334 |
| None |
Docket Report
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This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.
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| Filing 21 Certified Copies of #20 Order of Remand, 19 Order on Motion to Remand to State Court, and Docket Sheet mailed to the Middlesex Superior Court on 5/29/2019. (Pacho, Arnold) |
| Filing 20 Judge Richard G. Stearns: ORDER entered. ORDER OF REMAND to the State Court. (Pacho, Arnold) |
| Filing 19 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #7 Motion to Remand to State Court; granting #15 Motion to Remand to State Court. The motion for remand is ALLOWED.Johnson & Johnson (J&J) removed Susan Wilson's asbestos-exposure case to this court from the Suffolk Superior Court with a request that it be stayed pending transfer to the District of Delaware where its talc provider Imerys Talc America, Inc.'s (Imerys) bankruptcy is pending. J&J argues that its case is inextricably "related" to Imerys' proceedings based on a complex set of supply agreements that (apparently) contain cross-contractual indemnifications. The legal issues underlying J&J's transfer request -- subject matter jurisdiction, timeliness of the removal, and abstention -- are eventually to be argued to U.S. District Judge Maryellen Noreika (who denied J&J's Emergency Provisional Transfer Motion finding that it is not the debtor, has not established financial distress, and Imerys itself has not moved for transfer). Accordingly, this court declines to make any findings in that regard.The court has the discretion to remand the case pursuant to 28 U.S.C. 1452(b) "on any equitable ground." When J&J removed this case on April 18, 2019, it had been pending for 329 days before an experienced Massachusetts Superior Court judge who is highly familiar with the case and asbestos litigation as a whole. Plaintiff's counsel represents that Susan Wilson is nearing the end of her life and has a strong interest in seeing the litigation to its conclusion. As there has been no determination of liability and transfer to Delaware is yet to be determined, this case is REMANDED to the Massachusetts Asbestos Litigation docket to proceed in the Middlesex Superior Court before Judge Heidi Brieger. SO ORDERED. (Zierk, Marsha) Modified docket text on 5/29/2019. Added "stayed pending transfer." Changed from Suffolk Superior to Middlesex Superior Court (Pacho, Arnold). |
| Filing 18 MEMORANDUM in Opposition re #15 MOTION to Remand to State Court filed by Johnson & Johnson. (Attachments: #1 Declaration of Daniel P. McCarthy)(McCarthy, Daniel) |
| Filing 17 MOTION for Leave to File a Memorandum in Excess of 20 Pages in Support of it's Opposition to Plaintiffs' Motion for Remand by Johnson & Johnson.(McCarthy, Daniel) |
| Filing 16 Letter/request (non-motion) from Marisa K. Pearson Requesting an Extension to Supply State Court Records. (Pearson, Marisa) |
| Filing 15 MOTION to Remand to State Court by Daniel Wilson, Susan Wilson. (Attachments: #1 Plaintiffs' Memorandum in Support of Motion to Remand, #2 Exhibit Exhibit A)(Deaton, John) |
| Filing 14 ELECTRONIC NOTICE issued requesting courtesy copy for [10-1] Declaration of Daniel P. McCarthy in Support of Opposition to Motion to Remand. Counsel who filed this document are requested to submit a courtesy copy to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy, reflect the document number assigned by CM/ECF, and be placed in a tabbed binder. (Pacho, Arnold) |
| Filing 13 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #9 Motion for Leave to File a Memorandum in Excess of 20 Pages in Support of its Opposition to Plaintiffs' Motion for Remand. (Pacho, Arnold) |
| Filing 12 NOTICE of Appearance by Lawrence G. Cetrulo on behalf of Defendants Liaison Counsel (Cetrulo, Lawrence) |
| Filing 11 NOTICE of Appearance by Stephen T. Armato on behalf of Defendants Liaison Counsel (Armato, Stephen) |
| Filing 10 MEMORANDUM in Opposition re #7 First MOTION to Remand to State Court filed by Johnson & Johnson. (Attachments: #1 Declaration of Daniel P. McCarthy)(McCarthy, Daniel) |
| Filing 9 MOTION for Leave to File a Memorandum in Excess of 20 Pages in Support of it's Opposition to Plaintiffs' Motion for Remand by Johnson & Johnson.(McCarthy, Daniel) |
| Filing 8 Letter/request (non-motion) from Marisa K. Pearson Counsel for Johnson & Johnson To the Honorable Richard G. Stearns. (Pearson, Marisa) |
| Filing 7 First MOTION to Remand to State Court by Daniel Wilson, Susan Wilson.(Deaton, John) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Johnson & Johnson. (McCarthy, Daniel) |
| Filing 5 NOTICE of Appearance by Marisa K. Pearson on behalf of Johnson & Johnson (Pearson, Marisa) |
| Filing 4 Civil Cover Sheet & Category Sheet re #1 Notice of Removal, by Johnson & Johnson. (McCarthy, Daniel) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Danieli, Chris) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Danieli, Chris) |
| Filing 1 NOTICE OF REMOVAL by Johnson & Johnson ( Filing fee: $ 400, receipt number 0101-7643895 Fee Status: Filing Fee paid) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(McCarthy, Daniel) |
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