Sandler v. Philip Morris USA Inc. et al
| Elliot Sandler |
| Philip Morris USA Inc., R.J. Reynolds Tobacco Company and Stop & Shop Supermarket Company, LLC |
| 1:2021cv11542 |
| September 20, 2021 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| Angel Kelley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 NOTICE of Voluntary Dismissal by Elliot Sandler (Kaiser, Allan) |
| Filing 38 REPLY to Response to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Philip Morris USA Inc., R.J. Reynolds Tobacco Company. (Davis, Melissa) |
| Filing 37 RESPONSE to Motion re #20 MOTION to Dismiss Counts I II & III filed by Philip Morris USA Inc., R.J. Reynolds Tobacco Company. (Davis, Melissa) |
| Filing 36 MEMORANDUM in Opposition re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Elliot Sandler. (Kaiser, Allan) |
| Filing 35 MEMORANDUM in Opposition re #20 MOTION to Dismiss Counts I II & III filed by Elliot Sandler. (Kaiser, Allan) |
| Filing 34 District Judge Angel Kelley: ELECTRONIC ORDER entered. Plaintiff shall file any opposition to Defendants' #20 and #22 Motions to Dismiss by February 23, 2022. Defendants may file a reply within 7 days of Plaintiffs' filing of the opposition. (Lara, Miguel) |
| Filing 33 District Judge Angel Kelley: ELECTRONIC ORDER entered re #13 Plaintiff's Motion to Remand to State Court. The motion is DENIED as untimely filed. A motion to remand a case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal. 28 U.S.C. 1447(c). Plaintiff moved to remand 35 days after the notice of removal was filed and does not allege that this court lacks subject-matter jurisdiction over this case. Rather, Plaintiff alleges that Defendant Philip Morris USA, Inc. improperly removed this case before service was made on any Defendant, and that removal is precluded by the forum defendant rule. Plaintiff thus alleges procedural, rather than jurisdictional, defects in removal. Gentile v. Biogen Idec, Inc., 934 F. Supp. 2d 313, 316 (D. Mass. 2013). These procedural safeguards are waived if not raised within the 30-day statutory period. Id. at 319 & n.5. Where Plaintiff has waived his contest to removal and removal is improper only for technical reasons, the issue is not whether the case was properly removed, but whether the federal district court would have had original jurisdiction over the case had it been filed in that court. Farm Construction Servs., Inc. v. Fudge, 831 F.2d 18, 22 (1st Cir. 1987). (Lara, Miguel) |
| Filing 32 NOTICE of Change of Address or Firm Name by Melissa Nott Davis (Davis, Melissa) |
| Filing 31 Opposition re #13 MOTION to Remand to State Court filed by Philip Morris USA Inc.. (Attachments: #1 Exhibit Exhibit A)(Lyons, John) |
| Filing 30 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #28 Motion for a Stay of Deadline to File Responses. (Lara, Miguel) |
| Filing 29 NOTICE of Appearance by John M. Lyons on behalf of Philip Morris USA Inc., Stop & Shop Supermarket Company, LLC (Lyons, John) |
| Filing 28 MOTION to Stay deadlines to respond to pending motions by Elliot Sandler.(Tein, Michael) |
| Filing 27 NOTICE by Stop & Shop Supermarket Company, LLC Consent to Removal (Davis, Melissa) |
| Filing 26 NOTICE by Philip Morris USA Inc. of Filing Liggett Consent to Removal (Davis, Melissa) (Additional attachment(s) added on 11/2/2021: #1 Exhibit A) (McManus, Caetlin). |
| Filing 25 NOTICE by R.J. Reynolds Tobacco Company Consent to Removal (Morrison, Christopher) |
| Filing 24 MEMORANDUM in Support re #20 MOTION to Dismiss Counts I II & III filed by Philip Morris USA Inc., R.J. Reynolds Tobacco Company. (McManus, Caetlin) |
| Filing 23 MEMORANDUM in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Stop & Shop Supermarket Company, LLC. (Davis, Melissa) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Stop & Shop Supermarket Company, LLC.(Davis, Melissa) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by Stop & Shop Supermarket Company, LLC identifying Corporate Parent Koninklijke Ahold Delhaize, N.V. for Stop & Shop Supermarket Company, LLC.. (Davis, Melissa) |
| Filing 20 MOTION to Dismiss Counts I II & III by Philip Morris USA Inc., R.J. Reynolds Tobacco Company.(Davis, Melissa) Modified on 10/29/2021 attachment removed, see ECF #24 (McManus, Caetlin). |
| Filing 19 Filed in error. See ECF #22 and 23. Modified on 10/29/2021 (McManus, Caetlin). |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by R.J. Reynolds Tobacco Company. (Morrison, Christopher) |
| Filing 17 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Elliot Sandler . (Tein, Michael) |
| Filing 16 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Elliot Sandler . (Tein, Michael) |
| Filing 15 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Elliot Sandler . (Tein, Michael) |
| Filing 14 NOTICE of Appearance by Christopher M. Morrison on behalf of R.J. Reynolds Tobacco Company (Morrison, Christopher) |
| Filing 13 MOTION to Remand to State Court by Elliot Sandler. (Attachments: #1 Exhibit)(Tein, Michael) |
| Filing 12 ELECTRONIC NOTICE of Reassignment. District Judge Angel Kelley added. Judge Denise J. Casper no longer assigned to case. (Danieli, Chris) |
| Filing 11 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Allan B. Kaiser. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) |
| Filing 10 STATE COURT Record. (Davis, Melissa) |
| Filing 9 Summons Issued as to Philip Morris USA Inc., R.J. Reynolds Tobacco Company, Stop & Shop Supermarket Company, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley) |
| Filing 8 Letter/request (non-motion) from Michael Tein . (Tein, Michael) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Allan B. Kaiser Filing fee: $ 100, receipt number AMADC-8971211 by Elliot Sandler. (Attachments: #1 Exhibit)(Tein, Michael) |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Kelly, Danielle) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 Judith G. Dein. (Finn, Mary) |
| Filing 4 NOTICE by Philip Morris USA Inc. re #1 Notice of Removal -- Consent to Removal by Philip Morris (Davis, Melissa) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Philip Morris USA Inc. identifying Corporate Parent Altria Group, Inc., for Philip Morris USA Inc... (Davis, Melissa) |
| Filing 2 NOTICE of Appearance by Melissa Nott Davis on behalf of Philip Morris USA Inc. (Davis, Melissa) |
| Filing 1 NOTICE OF REMOVAL by Philip Morris USA Inc. ( Filing fee: $ 402, receipt number AMADC-8960555 Fee Status: Filing Fee paid) (Attachments: #1 Civil Action Coversheet, #2 Category Form)(Davis, Melissa) (Additional attachment(s) added on 9/20/2021: #3 Exhibit A, #4 Exhibit B) (Kelly, Danielle). (Main Document 1 replaced on 9/20/2021) (Kelly, Danielle). |
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