WARD v. EZRICARE, LLC et al
Plaintiff: CAROLYN WARD
Defendant: EZRICARE, LLC, EZRIRX, LLC, ARU PHARMA INC. and WALMART, INC.
Case Number: 3:2023cv00808
Filed: February 11, 2023
Court: US District Court for the District of New Jersey
Presiding Judge: Tonianne J Bongiovanni
Referring Judge: Peter G Sheridan
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2023 Opinion or Order Filing 62 ORDER denying #34 Motion to Dismiss for Lack of Jurisdiction as moot. Signed by Judge Peter G. Sheridan on 8/30/2023. (mlh)
August 30, 2023 Opinion or Order Filing 61 ORDER granting #50 Motion to Sever. Signed by Judge Peter G. Sheridan on 8/30/2023. (mlh)
August 14, 2023 Filing 60 BRIEF in Support filed by EZRICARE, LLC re #31 MOTION to Dismiss MOTION to Stay (SAIA, TIMOTHY)
August 14, 2023 Filing 59 BRIEF in Support filed by EZRICARE, LLC re #30 MOTION to Dismiss (SAIA, TIMOTHY)
August 14, 2023 Filing 58 RESPONSE in Support filed by EZRICARE, LLC re #30 MOTION to Dismiss (SAIA, TIMOTHY)
August 14, 2023 Filing 57 BRIEF in Support filed by EZRIRX, LLC re #33 MOTION to Amend/Correct #29 MOTION to Dismiss (SAIA, TIMOTHY)
August 14, 2023 Filing 56 RESPONSE in Support filed by EZRICARE, LLC re #33 MOTION to Amend/Correct #29 MOTION to Dismiss (SAIA, TIMOTHY)
August 14, 2023 Filing 55 RESPONSE in Support filed by EZRIRX, LLC re #50 MOTION to Sever Walmart, Inc. (SAIA, TIMOTHY)
August 14, 2023 Filing 54 RESPONSE in Support filed by EZRICARE, LLC re #50 MOTION to Sever Walmart, Inc. (SAIA, TIMOTHY)
August 7, 2023 Filing 53 RESPONSE to Motion filed by CAROLYN WARD re #29 MOTION to Dismiss , #33 MOTION to Amend/Correct #29 MOTION to Dismiss (Attachments: #1 Exhibit, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(PLACITELLA, RACHEL)
August 7, 2023 Filing 52 RESPONSE to Motion filed by CAROLYN WARD re #30 MOTION to Dismiss (Attachments: #1 Exhibit, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(PLACITELLA, RACHEL)
August 7, 2023 Filing 51 RESPONSE to Motion filed by CAROLYN WARD re #31 MOTION to Dismiss MOTION to Stay (Attachments: #1 Exhibit, #2 Declaration, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Declaration)(PLACITELLA, RACHEL)
August 7, 2023 Set Deadlines as to #50 MOTION to Sever Walmart, Inc.. Motion set for 9/5/2023 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg)
August 4, 2023 Filing 50 MOTION to Sever Walmart, Inc. by CAROLYN WARD. (PLACITELLA, RACHEL)
July 14, 2023 Opinion or Order Filing 49 STIPULATION AND ORDER granting request for adjournment of #29 motion to dismiss; #30 motion to dismiss; #31 motion to stay; and #33 motion to amend; The motions will be reset for 8/21/2023. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/14/2023. (jal, )
July 14, 2023 Reset Deadlines as to #31 MOTION to Dismiss MOTION to Stay , #30 MOTION to Dismiss , #29 MOTION to Dismiss , #33 MOTION to Amend/Correct #29 MOTION to Dismiss . Motion set for 8/21/2023 before Judge Peter G. Sheridan. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
July 7, 2023 Opinion or Order Filing 48 STIPULATION AND ORDER adjourning motion return date and setting briefing scedule as to Defendant Walmart's #34 Motion to Dismiss. Signed by Magistrate Judge Tonianne J. Bongiovanni on 7/7/2023. (mg)
July 7, 2023 Reset Deadlines as to #34 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 8/21/2023 before Judge Peter G. Sheridan. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg, )
June 27, 2023 Filing 47 STIPULATION AND PROPOSED ORDER ADJOURNING MOTION RETURN DATE AND SETTING BRIEFING SCHEDULE by All Plaintiffs. (PLACITELLA, RACHEL)
June 23, 2023 Filing 46 STIPULATION re #29 MOTION to Dismiss , #31 MOTION to Dismiss MOTION to Stay , #38 Memorandum in Support of Motion, #30 MOTION to Dismiss by CAROLYN WARD. (PLACITELLA, RACHEL)
May 17, 2023 Opinion or Order Filing 45 STIPULATION AND ORDER adjourning Defendant Walmart, Inc.'s Motion to Dismiss #34 to 7/17/2023.. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/17/2023. (mg)
May 17, 2023 Opinion or Order Filing 44 STIPULATION AND ORDER setting briefing schedule as to Defendant EzriRx, LLC's Motion to Dismiss #29 ; Exricare's Motion to Dismiss #30 , Ezricare, LLC's Motion to Stay #31 , and ExriRx, LLC's Ammended Memorandum #38 . Plaintiff opposition due 6/27/2023, Defendant's reply due 7/10/2023. Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/17/2023. (mg)
May 17, 2023 Opinion or Order Filing 43 ORDER granting Plaintiff's application for extension of time to respond to Defendant's Motions #29 , #30 , #31 , #34 and #38 . Signed by Magistrate Judge Tonianne J. Bongiovanni on 5/17/2023. (mg)
May 17, 2023 Reset Deadlines as to Defendant's Motions #29 , #30 , #31 , #34 , and #38 Motion set for 7/17/2023 before Judge Peter G. Sheridan. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mg)
May 16, 2023 Set Deadlines as to #39 MOTION for Extension of Time to File Response/Reply . Motion set for 6/20/2023 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
May 16, 2023 CLERK'S QUALITY CONTROL MESSAGE - The stipulation for extension of time #39 filed by Rachel Placitella on 5/15/2023 was submitted incorrectly as a motion. PLEASE RESUBMIT THE stipulation USING Civil Events/Other Filings/Other Documents/Stipulation. This submission will remain on the docket unless otherwise ordered by the court. (jal, )
May 15, 2023 Filing 42 STIPULATION by CAROLYN WARD. (PLACITELLA, RACHEL)
May 15, 2023 Filing 41 STIPULATION by CAROLYN WARD. (PLACITELLA, RACHEL)
May 15, 2023 Filing 40 STIPULATION by CAROLYN WARD. (PLACITELLA, RACHEL)
May 15, 2023 Filing 39 MOTION for Extension of Time to File Response/Reply by CAROLYN WARD. (PLACITELLA, RACHEL)
May 5, 2023 Filing 38 MEMORANDUM in Support filed by EZRIRX, LLC re #29 MOTION to Dismiss (SAIA, TIMOTHY)
May 5, 2023 Set Deadlines as to #30 MOTION to Dismiss . Motion set for 6/5/2023 before Judge Peter G. Sheridan. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
May 5, 2023 CLERK'S QUALITY CONTROL MESSAGE - The Amended Memorandum filed by Timothy Saia on 5/3/2023 was submitted incorrectly as a motion. PLEASE RESUBMIT THE Memorandum USING Civil Events/Motions and Related Filings/Responses and Replies/Memorandum in Support of Motion. This submission will remain on the docket unless otherwise ordered by the court. (jal, )
May 4, 2023 Filing 37 Corporate Disclosure Statement by EZRIRX, LLC. (SAIA, TIMOTHY)
May 4, 2023 Filing 36 Corporate Disclosure Statement by EZRICARE, LLC. (SAIA, TIMOTHY)
May 4, 2023 Set deadlines for the #29 MOTION to Dismiss . Motion set for 6/5/2023 before Judge Peter G. Sheridan. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
May 4, 2023 Set deadlines for the #34 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 6/5/2023 before Judge Peter G. Sheridan. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
May 4, 2023 set deadlines for the #31 MOTION to Dismiss MOTION to Stay . Motion set for 6/5/2023 before Judge Peter G. Sheridan. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
May 4, 2023 Set deadlines for the #33 MOTION to Amend/Correct #29 MOTION to Dismiss . Motion set for 6/5/2023 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jal, )
May 3, 2023 Filing 35 Corporate Disclosure Statement by WALMART, INC.. (KARP, CARLA)
May 3, 2023 Filing 34 MOTION to Dismiss for Lack of Jurisdiction by WALMART, INC.. (Attachments: #1 Brief, #2 Declaration Ex A - Declaration in Support, #3 Exhibit Ex B - Recall Announcement, #4 Text of Proposed Order)(KARP, CARLA)
May 3, 2023 Filing 33 MOTION to Amend/Correct #29 MOTION to Dismiss by EZRICARE, LLC, EZRIRX, LLC. (SAIA, TIMOTHY)
May 3, 2023 Filing 31 MOTION to Dismiss , MOTION to Stay by EZRICARE, LLC, EZRIRX, LLC. (Attachments: #1 Brief, #2 Exhibit A, #3 Text of Proposed Order, #4 Certificate of Service)(SAIA, TIMOTHY)
May 3, 2023 Filing 30 MOTION to Dismiss by EZRICARE, LLC, EZRIRX, LLC. Responses due by 5/3/2023. (Attachments: #1 Brief, #2 Affidavit, #3 Text of Proposed Order, #4 Certificate of Service)(SAIA, TIMOTHY)
May 3, 2023 Filing 29 MOTION to Dismiss by EZRICARE, LLC, EZRIRX, LLC. Responses due by 5/3/2023. (Attachments: #1 Brief, #2 Affidavit, #3 Text of Proposed Order, #4 Certificate of Service)(SAIA, TIMOTHY)
May 3, 2023 Filing 28 SUMMONS Returned Executed by CAROLYN WARD. (PLACITELLA, RACHEL)
May 2, 2023 Filing 27 SUMMONS Returned Executed by CAROLYN WARD. EZRIRX, LLC served on 5/1/2023, answer due 5/22/2023. (PLACITELLA, RACHEL)
May 2, 2023 Filing 26 SUMMONS Returned Executed by CAROLYN WARD. EZRICARE, LLC served on 5/1/2023, answer due 5/22/2023. (PLACITELLA, RACHEL)
April 17, 2023 Filing 25 Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants EzriCare, LLC (EzriCare) and EzriRX, LLC (EzriRx). Attorney TIMOTHY K. SAIA for EZRICARE, LLC,TIMOTHY K. SAIA for EZRIRX, LLC added. (SAIA, TIMOTHY)
April 17, 2023 Clerk`s Text Order - The document #25 Application for Clerk's Order to Ext Answer/Proposed Order submitted by EZRIRX, LLC, EZRICARE, LLC has been GRANTED. The answer due date has been set for 5/3/2023. (mg)
April 13, 2023 CLERK'S QUALITY CONTROL MESSAGE - Per Counsel's Request, please disregard the #16 , #17 , #18 and #19 Corporate Disclosure Statements as they were filed in error. This message is for informational purposes only. (jdg)
April 11, 2023 Clerk`s Text Order - The document #24 Application for Clerk's Order to Ext Answer/Proposed Order submitted by WALMART, INC. has been GRANTED. The answer due date has been set for 5/3/2023. (jal, )
April 10, 2023 Filing 24 Application and Proposed Order for Clerk's Order to extend time to answer as to time to respond to first amended complaint. Attorney CARLA ROSE KARP for WALMART, INC. added. (KARP, CARLA)
April 10, 2023 CLERK'S QUALITY CONTROL MESSAGE - The Application for Clerks extension #23 filed by Carla Karp on 4/6/2023 was submitted incorrectly as a motion. PLEASE RESUBMIT THE Application for Clerks extension USING Civil Events/Other Filings/Other Documents/Application for Clerk Order to Ext Answer/Proposed Order. This submission will remain on the docket unless otherwise ordered by the court. (jal, )
April 6, 2023 Filing 23 Consent MOTION for Extension of Time to File Answer re #22 Amended Complaint until May 3, 2023 by WALMART, INC.. (KARP, CARLA)
April 5, 2023 Filing 22 AMENDED COMPLAINT 3:23-cv-00808 against All Defendants All Defendants., filed by CAROLYN WARD.(PLACITELLA, RACHEL)
March 30, 2023 Filing 21 SUMMONS Returned Executed by CAROLYN WARD. ARU PHARMA INC. served on 3/14/2023, answer due 4/4/2023. (PLACITELLA, RACHEL)
March 30, 2023 Filing 20 Summons Returned Unexecuted by CAROLYN WARD as to ARU PHARMA INC.. (PLACITELLA, RACHEL)
March 27, 2023 Filing 19 Corporate Disclosure Statement by CAROLYN WARD. (PLACITELLA, RACHEL)
March 27, 2023 Filing 18 Corporate Disclosure Statement by CAROLYN WARD identifying Global Pharma Healthcare as Corporate Parent.. (PLACITELLA, RACHEL)
March 27, 2023 Filing 17 Corporate Disclosure Statement by CAROLYN WARD identifying Global Pharma Healthcare as Corporate Parent.. (PLACITELLA, RACHEL)
March 27, 2023 Filing 16 Corporate Disclosure Statement by CAROLYN WARD identifying walton enterprises as Corporate Parent.. (PLACITELLA, RACHEL)
March 21, 2023 Opinion or Order Filing 15 LETTER ORDER granting extension to 4/17/2023 for Defendant EzriCare, LLC to respond to the Complaint. Signed by Judge Peter G. Sheridan on 3/21/2023. (mg)
March 17, 2023 Filing 14 Letter from Timothy K. Saia, Esq., requesting extension. (SAIA, TIMOTHY)
March 17, 2023 Filing 13 NOTICE of Appearance by TIMOTHY K. SAIA on behalf of EZRICARE, LLC, EZRIRX, LLC (SAIA, TIMOTHY)
March 7, 2023 Opinion or Order Filing 12 LETTER ORDER extending Walmarts time to answer, move or otherwise respond to Plaintiffs Complaint until 4/6/2023. Signed by Judge Peter G. Sheridan on 3/7/2023. (jal, )
March 3, 2023 Filing 11 Letter from Defendant Walmart Inc. re Request for Extension of Time to Respond to Plaintiff re #1 Complaint. (KARP, CARLA)
March 1, 2023 Filing 10 SUMMONS Returned Executed by CAROLYN WARD. EZRICARE, LLC served on 2/24/2023, answer due 3/17/2023. (PLACITELLA, RACHEL)
March 1, 2023 Filing 9 SUMMONS Returned Executed by CAROLYN WARD. EZRIRX, LLC served on 2/24/2023, answer due 3/17/2023. (PLACITELLA, RACHEL)
February 17, 2023 Filing 8 SUMMONS Returned Executed by CAROLYN WARD. WALMART, INC. served on 2/15/2023, answer due 3/8/2023. (PLACITELLA, RACHEL)
February 14, 2023 Filing 7 SUMMONS ISSUED as to ARU PHARMA INC., EZRICARE, LLC, EZRIRX, LLC and WALMART, INC.. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (mlh)
February 14, 2023 Filing 6 Request for Summons to be Issued by CAROLYN WARD as to WALMART, INC.. (PLACITELLA, RACHEL)
February 14, 2023 Filing 5 Request for Summons to be Issued by CAROLYN WARD as to EZRIRX, LLC. (PLACITELLA, RACHEL)
February 14, 2023 Filing 4 Request for Summons to be Issued by CAROLYN WARD as to EZRICARE, LLC. (PLACITELLA, RACHEL)
February 14, 2023 Filing 3 Request for Summons to be Issued by CAROLYN WARD as to ARU PHARMA INC.. (PLACITELLA, RACHEL)
February 14, 2023 Filing 2 Exhibit to #1 Complaint, QC - Civil Cover Sheet JS44,, by CAROLYN WARD. (PLACITELLA, RACHEL)
February 14, 2023 CLERK'S QUALITY CONTROL MESSAGE - Please be advised, pursuant to Fed. R. Civ. P. 7.1, a disclosure statement is required to be filed by parties and intervenors in diversity actions to identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Such disclosure statements must be filed with the parties, intervenors or proposed intervenors first appearance, pleading, petition, motion, response or other request addressed to the Court using the event: Civil Events -> Other Filings -> Other Documents -> Diversity Disclosure Statement. (mlh)
February 13, 2023 CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: It was selected that this complaint is filed AGAINST the PLAINTIFF . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )
February 13, 2023 CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed did not include a Civil Cover Sheet (JS-44), which is required to be submitted along with the initial pleading, as indicated in the Attorney Case Opening Guide. Please complete and file a #Civil Cover Sheet using the event Exhibit (to Document) found under Civil/Other Filings/Other Documents. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, )
February 11, 2023 Filing 1 COMPLAINT against CAROLYN WARD ( Filing and Admin fee $ 402 receipt number ANJDC-14025719) with JURY DEMAND, filed by CAROLYN WARD.(PLACITELLA, RACHEL)

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Search for this case: WARD v. EZRICARE, LLC et al
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Plaintiff: CAROLYN WARD
Represented By: RACHEL A. PLACITELLA
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Defendant: EZRICARE, LLC
Represented By: TIMOTHY K. SAIA
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Defendant: EZRIRX, LLC
Represented By: TIMOTHY K. SAIA
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Defendant: ARU PHARMA INC.
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Defendant: WALMART, INC.
Represented By: CARLA ROSE KARP
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