Stewart et al v. Aeropres Corporation et al
| EVA MISTRETTA, DARRELL STEWART, Christopher Cadorette, Mike Poovey, Sean Steinwedel, JONATHAN MARTIN, Jose Villarreal, Jeremy Wyant, JUAN HUERTAS and Don Penales, Jr. |
| Beiersdorf, Inc., Beiersdorf Manufacturing, LLC, BAYER HEALTHCARE LLC, Beiersdorf North America, Inc. and Aeropres Corporation |
| 2:2024cv07169 |
| June 21, 2024 |
| US District Court for the District of New Jersey |
| Jose R Almonte |
| Claire C Cecchi |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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| Filing 46 NOTICE by BAYER HEALTHCARE LLC directed to the Honorable Renee Marie Bumb, Chief Judge, requesting Reassignment Pursuant to Local Civil Rule 40.1 (FANNING, EDWARD) |
| Filing 45 NOTICE of Appearance by ANDREW JOSEPH OBERGFELL on behalf of All Plaintiffs (OBERGFELL, ANDREW) |
| Case Assigned to Judge Claire C. Cecchi and Magistrate Judge Jose R. Almonte. (ak, ) |
| Filing 44 Certified Copy of Transfer Order and docket received, Case transferred in from District of Illinois Northern; Case Number 1:23-cv-13207. Original file certified copy of transfer order and docket sheet received. |
| Filing 43 TRANSFERRED to the USDC District of New Jersey the electronic record. (rc, ) |
Filing 42
ORDER. Signed by the Honorable Manish S. Shah on 5/28/2024: Defendant's motion to dismiss, or, in the alternative, transfer #22 is granted in part and denied in part. The motion to dismiss the complaint is denied, and the motion to transfer is granted. The Clerk shall transfer this action to the United States District Court for the District of New Jersey. Terminate civil case. [For further detail see attached order.] Notices Mailed. (psm, )
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| Filing 41 MINUTE entry before the Honorable Manish S. Shah: The motions to withdraw as attorney #39 #40 are granted. Attorneys Philip G. Rizzo and Anthony Michael Goldner are terminated as counsel of record. Notices Mailed. (psm, ) |
| Filing 40 MOTION by Attorney Philip G. Rizzo to withdraw as attorney for Aeropres Corporation. No party information provided (Rizzo, Philip) |
| Filing 39 MOTION by Attorney Anthony M. Goldner to withdraw as attorney for Aeropres Corporation. No party information provided (Goldner, Anthony) |
| Filing 38 ATTORNEY Appearance for Defendant Aeropres Corporation by James W. Ozog (Ozog, James) |
| Filing 37 ATTORNEY Appearance for Defendant Aeropres Corporation by Chad J. Layton (Layton, Chad) |
| Filing 36 REPLY by Defendant Bayer Healthcare LLC to motion to dismiss #22 Defendant Bayer Healthcare LLC's Reply Memorandum of Law in Support of Its Motion to Dismiss, or Alternatively, to Transfer in Favor of First-Filed Class Action (Attachments: #1 Exhibit A)(Duffy, James) |
| Filing 35 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 34 TRANSCRIPT OF PROCEEDINGS held on 10/19/2023, Telephone Status Hearing, before the Honorable Manish S. Shah. Order Number: 47610. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/11/2024. Redacted Transcript Deadline set for 1/22/2024. Release of Transcript Restriction set for 3/20/2024. (Conway, Colleen) |
| Filing 33 ATTORNEY Appearance for Plaintiffs Christopher Cadorette, Juan Huertas, Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal, Jeremy Wyant by Timothy J. Peter (Peter, Timothy) |
| Filing 32 RESPONSE by Christopher Cadorette, Juan Huertas, Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal, Jeremy Wyantin Opposition to MOTION by Defendant Bayer Healthcare LLC to dismiss , or Alternatively, to Transfer in Favor of First-Filed Class Action #22 (O'Meara, Brian) |
| Filing 31 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #29 is granted, no appearance on the motion is necessary. Plaintiffs' response is due 12/20/23 and defendants' reply is due 1/11/24. Notices mailed. (psm, ) |
| Filing 30 UNOPPOSED NOTICE of Motion by Brian Patrick O'Meara for presentment of extension of time, #29 before Honorable Manish S. Shah on 12/13/2023 at 09:45 AM. (O'Meara, Brian) |
| Filing 29 MOTION by Plaintiffs Christopher Cadorette, Juan Huertas, Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal, Jeremy Wyant for extension of time UNOPPOSED (O'Meara, Brian) |
| Filing 28 MINUTE entry before the Honorable Manish S. Shah: Plaintiffs shall respond to the motion to dismiss #22 by 12/13/2023, defendants' reply is due 1/3/2024. The court will rule by cm/ecf. The deadline for all defendants to answer or otherwise respond to the complaint remains stayed pending resolution of the motion to dismiss or transfer. As with the issue of reassignment, further motion practice and pleadings should wait until there is resolution of which court will be supervising this case. (mss) |
| Filing 27 PLAINTIFFS' NOTICE OF THE DENIAL OF PLAINTIFFS' MOTION TO REASSIGN by Christopher Cadorette, Juan Huertas, Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal, Jeremy Wyant (O'Meara, Brian) |
| Filing 26 MINUTE entry before the Honorable Manish S. Shah: Telephone hearing held. After considering the parties' comments at the hearing, the court concludes that striking and staying the deadline for defendants to respond to the complaint, at least pending a decision on the motion to reassign this case, will save the court and the parties from spending resources unnecessarily at this early stage of the case. The motion for extension of time to extend deadlines to respond to the complaint #23 is therefore granted, and the deadlines for defendants to respond to the complaint are stayed. The motion to dismiss or transfer case #22 will remain pending. A briefing schedule on that motion will be set after the issue of reassignment is resolved. Notices mailed. (psm, ) |
| Filing 25 DECLARATION of Jeff Farkas regarding motion to dismiss #22 (Duffy, James) |
| Filing 24 NOTICE of Motion by James David Duffy for presentment of motion for extension of time to file response/reply #23 before Honorable Manish S. Shah on 10/19/2023 at 09:45 AM. (Duffy, James) |
| Filing 23 MOTION by Defendant Bayer Healthcare LLC for extension of time to file response/reply to the Complaint Until After Bayer's First-Filed Motion is Decided (JOINT) (Attachments: #1 Exhibit A, #2 Exhibit B)(Duffy, James) |
| Filing 22 MOTION by Defendant Bayer Healthcare LLC to dismiss , or Alternatively, to Transfer in Favor of First-Filed Class Action (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Duffy, James) |
| Filing 21 NOTICE of Motion by James David Duffy for presentment of Motion to dismiss, or Alternatively, to Transfer in Favor of First-Filed Class Action #22 before Honorable Manish S. Shah on 10/19/2023 at 09:45 AM. (Duffy, James) Docket Text Modified by Clerk's Office on 10/17/2023 (jh, ). |
| Filing 20 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #13 is granted, and no appearance on the motion is necessary. All defendants have until 11/30/23 to respond to the complaint. By 12/5/23, the parties shall file a joint status report with a proposed briefing schedule for any motions to dismiss. The motions to dismiss need not be noticed for presentment. The court will set a briefing schedule after reviewing the parties' status report. Notices mailed. (psm, ) |
| Filing 19 ATTORNEY Appearance for Defendant Aeropres Corporation by Philip Gregory Rizzo (Rizzo, Philip) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Aeropres Corporation (Goldner, Anthony) |
| Filing 17 ATTORNEY Appearance for Defendant Aeropres Corporation by Anthony Michael Goldner (Goldner, Anthony) |
| Filing 16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bayer Healthcare LLC (Duffy, James) |
| Filing 15 ATTORNEY Appearance for Defendant Bayer Healthcare LLC by Andrew James Soukup (Soukup, Andrew) |
| Filing 14 (AGREED) NOTICE of Motion by James David Duffy for presentment of motion for extension of time to file response/reply #13 before Honorable Manish S. Shah on 10/18/2023 at 09:45 AM. (Duffy, James) |
| Filing 13 MOTION by Defendant Bayer Healthcare LLC for extension of time to file response/reply to the complaint (AGREED) (Duffy, James) |
| Filing 12 ATTORNEY Appearance for Defendant Bayer Healthcare LLC by James David Duffy (Duffy, James) |
| Filing 11 SUMMONS Returned Executed by Don Penales, Jr., Juan Huertas, Mike Poovey, Jose Villarreal, Christopher Cadorette, Sean Steinwedel, Jonathan Martin, Darrell Stewart, Jeremy Wyant, Eva Mistretta as to Aeropres Corporation on 9/25/2023, answer due 10/16/2023. (O'Meara, Brian) |
| Filing 10 SUMMONS Returned Executed by Don Penales, Jr., Juan Huertas, Mike Poovey, Jose Villarreal, Christopher Cadorette, Sean Steinwedel, Jonathan Martin, Darrell Stewart, Jeremy Wyant, Eva Mistretta as to Beiersdorf North America, Inc. on 9/25/2023, answer due 10/16/2023. (O'Meara, Brian) |
| Filing 9 SUMMONS Returned Executed by Don Penales, Jr., Juan Huertas, Mike Poovey, Jose Villarreal, Christopher Cadorette, Sean Steinwedel, Jonathan Martin, Darrell Stewart, Jeremy Wyant, Eva Mistretta as to Beiersdorf Manufacturing, LLC on 9/25/2023, answer due 10/16/2023. (O'Meara, Brian) |
| Filing 8 SUMMONS Returned Executed by Don Penales, Jr., Juan Huertas, Mike Poovey, Jose Villarreal, Christopher Cadorette, Sean Steinwedel, Jonathan Martin, Darrell Stewart, Jeremy Wyant, Eva Mistretta as to Beiersdorf, Inc. on 9/25/2023, answer due 10/16/2023. (O'Meara, Brian) |
| Filing 7 SUMMONS Returned Executed by Don Penales, Jr., Juan Huertas, Mike Poovey, Jose Villarreal, Christopher Cadorette, Sean Steinwedel, Jonathan Martin, Darrell Stewart, Jeremy Wyant, Eva Mistretta as to Bayer Healthcare LLC on 9/25/2023, answer due 10/16/2023. (O'Meara, Brian) |
| SUMMONS Issued as to Defendants Aeropres Corporation, Bayer Healthcare LLC, Beiersdorf Manufacturing, LLC, Beiersdorf North America, Inc., Beiersdorf, Inc. (gmm, ) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Christopher Cadorette, Juan Huertas, Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal, Jeremy Wyant by Steven L. Bloch (Bloch, Steven) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Christopher Cadorette, Juan Huertas, Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal, Jeremy Wyant by Max Stuart Roberts (Roberts, Max) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Christopher Cadorette, Juan Huertas, Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal, Jeremy Wyant by Kevin Michael Forde (Forde, Kevin) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (exr, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (exr, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Christopher Cadorette, Juan Huertas, Jonathan Martin, Eva Mistretta, Don Penales, Jr., Mike Poovey, Sean Steinwedel, Darrell Stewart, Jose Villarreal, Jeremy Wyant by Brian Patrick O'Meara (O'Meara, Brian) |
| Filing 2 CIVIL Cover Sheet (O'Meara, Brian) |
| Filing 1 COMPLAINT CLASS ACTION filed by Don Penales, Jr., Juan Huertas, Mike Poovey, Jose Villarreal, Christopher Cadorette, Sean Steinwedel, Jonathan Martin, Darrell Stewart, Jeremy Wyant, Eva Mistretta; Jury Demand. Filing fee $ 402, receipt number AILNDC-21076588.(O'Meara, Brian) |
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