Abney v. Philip Morris USA Inc. et al
Plaintiff: Orapajita Abney
Defendant: Philip Morris USA Inc., Altria Group Distribution Company, RJ Reynolds Tobacco Company and Liggett Group LLC
Case Number: 2:2023cv01136
Filed: December 20, 2023
Court: US District Court for the District of New Mexico
Presiding Judge: Gregory J Fouratt
Referring Judge: Jerry H Ritter
2 Judge: Margaret I Strickland
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 4, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 18, 2024 Filing 25 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 23. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (kg)
January 12, 2024 Filing 24 PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Margaret I. Strickland as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Jerry H. Ritter no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
December 29, 2023 Opinion or Order Filing 22 ORDER Setting Deadline to Consent to Presiding Magistrate by Magistrate Judge Jerry H. Ritter. Unless otherwise notified by the Clerk or the Court, a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than Friday, January 12, 2024. The parties are free to withhold consent. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (ama)
December 29, 2023 Opinion or Order Filing 21 ORDER FINDING GOOD CAUSE TO DELAY ENTERING A SCHEDULING ORDER by Magistrate Judge Gregory J. Fouratt. In light of the pending #15 Motion to Dismiss, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. If the presiding judge denies the motion, the Court will set the matter for scheduling. (mjm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 28, 2023 Filing 20 Corporate Disclosure Statement by Liggett Group LLC identifying Corporate Parent Liggett Group LLC for Liggett Group LLC. (Harrison, Jeremy)
December 28, 2023 Filing 19 NOTICE by Liggett Group LLC re #13 MOTION to Dismiss for Lack of Jurisdiction (Personal), #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Or Alternatively, Motion to Strike Certain Allegations and for More Definite Statement Defendant Liggett Group LLC's Notice of Adoption of and Joinder in Defendants' Motion to Dismiss Plaintiff's Complaint, or Alternatively, Motion to Strike Certain Allegations and for More Definite Statement (Harrison, Jeremy)
December 28, 2023 Filing 18 NOTICE by Liggett Group LLC re 17 Association of Attorney Licensed Outside the District, Pro Hac Vice Certification of Kelly Anne Luther (Harrison, Jeremy)
December 28, 2023 Filing 17 ASSOCIATION of Attorney Licensed Outside the District for Defendant Liggett Group LLC by Jeremy K. Harrison on behalf of: Kelly Anne Luther KASOWITZ BENSON TORRES LLP 1441 Brickell Avenue, Suite 1420Miami, Florida 33131 (786) 587-1045 Fax (305) 675-2218 KLuther@kasowitz.com (Association Dues - Online Payment) (Harrison, Jeremy)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 28, 2023 Filing 16 NOTICE of Appearance by Jeremy K. Harrison on behalf of Liggett Group LLC (Harrison, Jeremy)
December 28, 2023 Association Dues Received: $ 100 receipt number ANMDC-9149451 re: # 17 Association of Attorney Licensed Outside the District, filed by Liggett Group LLC (Payment made via Pay.gov)(Harrison, Jeremy)
December 27, 2023 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Or Alternatively, Motion to Strike Certain Allegations and for More Definite Statement by Altria Group Distribution Company, Philip Morris USA Inc., RJ Reynolds Tobacco Company. (Burris, Eric)
December 27, 2023 Filing 14 Corporate Disclosure Statement by Altria Group Distribution Company identifying Corporate Parent Altria Group, Inc. for Altria Group Distribution Company. (Burris, Eric)
December 27, 2023 Filing 13 MOTION to Dismiss for Lack of Jurisdiction (Personal) by Altria Group Distribution Company. (Attachments: #1 Exhibit A) (Burris, Eric)
December 27, 2023 Filing 12 NOTICE of Appearance by Debashree Nandy on behalf of Altria Group Distribution Company (Nandy, Debashree)
December 27, 2023 Filing 11 NOTICE of Appearance by Eric R. Burris on behalf of Altria Group Distribution Company (Burris, Eric)
December 26, 2023 Filing 10 Corporate Disclosure Statement by RJ Reynolds Tobacco Company identifying Corporate Parent Reynolds American, Inc. for RJ Reynolds Tobacco Company. (Stambaugh, Melanie)
December 26, 2023 Filing 9 NOTICE of Appearance by Melanie B Stambaugh on behalf of RJ Reynolds Tobacco Company (Stambaugh, Melanie)
December 21, 2023 Filing 8 NOTICE of Appearance by Dana Strueby on behalf of Philip Morris USA Inc. (Strueby, Dana)
December 21, 2023 Filing 7 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Jerry H. Ritter to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
December 21, 2023 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (jg)
December 21, 2023 United States Magistrate Judge Jerry H. Ritter and United States Magistrate Judge Gregory J. Fouratt assigned. (jg)
December 20, 2023 Filing 6 Filing fee: $ 405, receipt number ANMDC-9143303 re #1 NOTICE OF REMOVAL by Philip Morris USA Inc. from Twelfth Judicial District Court of New Mexico, Otero County, case number D-1215-CV-2023-00890. ( Filing Fee - Online Payment), filed by Philip Morris USA Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Burris, Eric) filed by Philip Morris USA Inc. (cmm)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 20, 2023 Filing 5 Corporate Disclosure Statement by Philip Morris USA Inc. identifying Corporate Parent Altria Group, Inc. for Philip Morris USA Inc.. (Burris, Eric)
December 20, 2023 Filing 4 NOTICE by Philip Morris USA Inc. to Plaintiff of Filing Notice of Removal (Burris, Eric)
December 20, 2023 Filing 3 NOTICE of Appearance by Debashree Nandy on behalf of Philip Morris USA Inc. (Nandy, Debashree)
December 20, 2023 Filing 2 NOTICE of Appearance by Eric R. Burris on behalf of Philip Morris USA Inc. (Burris, Eric)
December 20, 2023 Filing 1 NOTICE OF REMOVAL by Philip Morris USA Inc. from Twelfth Judicial District Court of New Mexico, Otero County, case number D-1215-CV-2023-00890. ( Filing Fee - Online Payment), filed by Philip Morris USA Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Burris, Eric)

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Plaintiff: Orapajita Abney
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Defendant: Philip Morris USA Inc.
Represented By: Debashree Nandy
Represented By: Eric R. Burris
Represented By: Dana Strueby
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Defendant: Altria Group Distribution Company
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Defendant: RJ Reynolds Tobacco Company
Represented By: Melanie B Stambaugh
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Defendant: Liggett Group LLC
Represented By: Jeremy K. Harrison
Represented By: Kelly Anne Luther
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