Dave et al v. Abbott Laboratories et al
| Prushti Dave, Arlene Bergum, Emily Depol, Keya Johnigan and Brianna McKay |
| Abbott Laboratories, Alere, Procter & Gamble Manufacturing Company, The, SPD Swiss Precision Diagnostics GmbH, Church & Dwight Co. Inc., Target Corporation and Walgreen Co |
| 1:2022cv07642 |
| December 14, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Diane Gujarati |
| Nina R Morrison |
| Ramon E Reyes |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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Filing 39
ORDER granting #37 Motion to Consolidate Cases. The two actions 22-cv-5435 and 22-cv-7642 are consolidated for all purposes, including pre-trial proceedings and any trial, under Case No. 22-cv-5435. All papers filed in connection with the Consolidated Action will be maintained in one file under Case No. 22-cv-5435. Ordered by Judge Nina R. Morrison on 1/27/2023. (LK)
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| Cases associated. (LK) |
| Case Consolidated. Associated Cases: 1:22-cv-05435-NRM-JRC, 1:22-cv-07642-NRM-JRC(LK) |
| Filing 38 MEMORANDUM in Support re #37 Notice of MOTION to Consolidate Cases filed by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay. (Quitt, Daniella) |
| Filing 37 Notice of MOTION to Consolidate Cases by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay. (Attachments: #1 Proposed Order) (Quitt, Daniella) |
| Filing 36 Letter addressed to Magistrate Justice Cho to request an extension of all deadlines in this and the related case, La Rosa v. Abbott Laboratories by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay (Quitt, Daniella) Modified to add motion on 1/23/2023 (SG). |
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ORDER granting #36 Motion for Extension of Time to Amend. Plaintiffs shall file an amended complaint by 2/7/2023. Defendants shall answer, move or otherwise respond to the amended complaint by 3/24/2023. Ordered by Magistrate Judge James R. Cho on 1/23/2023. (SG)
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| Filing 35 NOTICE of Appearance by Pamela Lauren Schoenberg on behalf of Walgreen Co (aty to be noticed) (Schoenberg, Pamela) |
| Filing 34 NOTICE of Appearance by Daniella Quitt on behalf of Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay (aty to be noticed) (Quitt, Daniella) |
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ORDER REASSIGNING CASE. Case reassigned to Judge Nina R. Morrison and Magistrate Judge James R. Cho for all further proceedings. Judge Diane Gujarati, Magistrate Judge Ramon E. Reyes, Jr no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Margo K. Brodie on 12/19/2022. (SR)
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| Filing 33 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (KD) |
| Filing 32 Case transferred in from District of California Northern; Case Number 3:22-cv-05191. Original file certified copy of transfer order and docket sheet received. |
| Notice of Related Case: The Transfer Order From the Northern District of California indicates a related case (22-cv-5435 NM/JRC). (KD) |
| The case of Dave et al. v. Abbott Laboratories et al, has been transferred from Northern District of California to the Eastern District of New York. The new case number is 22-cv-7642. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (KD) |
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Filing 31
ORDER GRANTING JOINT MOTION TO TRANSFER. Signed by Judge Jacqueline Scott Corley on 12/13/2022. (ahm, COURT STAFF) (Filed on 12/13/2022) [Transferred from California Northern on 12/15/2022.]
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| Filing 30 Proposed Order re #29 Joint MOTION to Transfer Case To The United States District Court For The Eastern District of New York by Walgreen Co.. (Hyun, Charles) (Filed on 12/7/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 29 Joint MOTION to Transfer Case To The United States District Court For The Eastern District of New York filed by Walgreen Co., Abbott Laboratories, Alere, Church & Dwight Co., Inc., Procter & Gamble Manufacturing Company, SPD Swiss Precision Diagnostics GmbH, Target Corporation, Prushti Dave, Arlene Bergum, Emily DePol, Keya Johnigan, and Brianna McKay . Motion Hearing set for 1/12/2022 09:00 AM in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Responses due by 12/21/2022. Replies due by 12/28/2022. (Hyun, Charles) (Filed on 12/7/2022) Modified on 12/7/2022 (jml, COURT STAFF). [Transferred from California Northern on 12/15/2022.] |
| Filing 28 NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay (Attachments: #1 Exhibit A)(Finkelstein, Mark) (Filed on 12/2/2022) Modified on 12/2/2022 (jml, COURT STAFF).[Transferred from California Northern on 12/15/2022.] |
| Filing 27 STIPULATION For Extension of Time to Respond to Complaint re #1 Complaint, filed by Walgreen Co., Abbot Laboratories, Alere, Procter & Gamble Manufacturing Company, SPD Swiss Precision Diagnostics GmbH, Church & Dwight Co., Inc., Target Corporation, Prushti Dave, Arlene Bergum, Emily DePol, Keya Johnigan, and Brianna McKay. (Hyun, Charles) (Filed on 11/21/2022) Modified on 11/22/2022 (jml, COURT STAFF). [Transferred from California Northern on 12/15/2022.] |
| Filing 26 WAIVER OF SERVICE Returned Executed filed by Emily Depol, Arlene Bergum, Prushti Dave, Keya Johnigan, Brianna McKay. Service waived by Alere waiver sent on 9/20/2022, answer due 11/21/2022. (Finkelstein, Mark) (Filed on 11/21/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 25 WAIVER OF SERVICE Returned Executed filed by Emily Depol, Arlene Bergum, Prushti Dave, Keya Johnigan, Brianna McKay. Service waived by Abbott Laboratories waiver sent on 9/20/2022, answer due 11/21/2022. (Finkelstein, Mark) (Filed on 11/21/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 24 WAIVER OF SERVICE Returned Executed filed by Emily Depol, Arlene Bergum, Prushti Dave, Keya Johnigan, Brianna McKay. Service waived by SPD Swiss Precision Diagnostics GmbH waiver sent on 10/11/2022, answer due 12/12/2022. (Finkelstein, Mark) (Filed on 11/10/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 23 WAIVER OF SERVICE Returned Executed filed by Emily Depol, Arlene Bergum, Prushti Dave, Keya Johnigan, Brianna McKay. Service waived by Procter & Gamble Manufacturing Company, The waiver sent on 10/11/2022, answer due 12/12/2022. (Finkelstein, Mark) (Filed on 11/10/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 22 CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/13/2022. Initial Case Management Conference reset for 12/20/2022 at 1:30 p.m. before Judge Jacqueline Scott Corley via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advan ced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 12/19/2022.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (Attachments: #1 Notice Regarding In -Person Hearing) (ahm, COURT STAFF) (Filed on 10/31/2022) [Transferred from California Northern on 12/15/2022.] |
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Filing 21
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on October 31, 2022. (Attachments: #1 Notice of Eligibility for Video Recording)(cjl, COURT STAFF) (Filed on 10/31/2022) [Transferred from California Northern on 12/15/2022.]
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| Filing 20 WAIVER OF SERVICE Returned Executed filed by Emily Depol, Arlene Bergum, Prushti Dave, Keya Johnigan, Brianna McKay. Service waived by Church & Dwight Co., Inc. waiver sent on 10/20/2022, answer due 12/19/2022. (Finkelstein, Mark) (Filed on 10/31/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 19 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 10/28/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Walgreen Co... (Mok, Francisca) (Filed on 10/28/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Walgreen Co... (Mok, Francisca) (Filed on 10/28/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Walgreen Co... (Mok, Francisca) (Filed on 10/28/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 15 CLERK'S NOTICE TO DEFENDANTS TARGET CORPORATION AND WALLGREEN CO. Re: Consent or Declination: Defendants Target Corporation and Wallgreen Co. shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/4/2022. (ig, COURT STAFF) (Filed on 10/21/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 14 NOTICE of Appearance by Francisca Minghao Mok (Mok, Francisca) (Filed on 10/20/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 13 STIPULATION For An Extension of Time re #1 Complaint, filed by Walgreen Co., Target Corporation, Prushti Dave, Arlene Bergum, Emily DePol, Keya Johnigan, and Brianna McKay. (Hyun, Charles) (Filed on 10/20/2022) Modified on 10/21/2022 (jml, COURT STAFF). [Transferred from California Northern on 12/15/2022.] |
| Filing 12 NOTICE of Appearance by Gabrielle Jaynea Anderson-Thompson for Defendant Target Corporation (Anderson-Thompson, Gabrielle) (Filed on 10/20/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 11 AFFIDAVIT of Service for Summons and Complaint served on Manny Cannon, Authorized Agent for Walgreen Co. on 9/29/2022, filed by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay. (Finkelstein, Mark) (Filed on 10/3/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint served on Target Corporation on 9/29/2022, filed by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay. (Finkelstein, Mark) (Filed on 10/3/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay.. (Finkelstein, Mark) (Filed on 9/26/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 8 Summons Issued as to Abbott Laboratories, Alere, Church & Dwight Co., Inc., Procter & Gamble Manufacturing Company, The, SPD Swiss Precision Diagnostics GmbH, Target Corporation, Walgreen Co.. (jml, COURT STAFF) (Filed on 9/14/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 7 Proposed Summons. (Attachments: #1 Summons, #2 Summons)(Finkelstein, Mark) (Filed on 9/13/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/14/2022. Initial Case Management Conference set for 12/21/2022 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jml, COURT STAFF) (Filed on 9/13/2022) [Transferred from California Northern on 12/15/2022.] |
| #Electronic filing error. A maximum of THREE summons will be issued. Please list all defendants on ONE summons or multiple defendants on THREE summons and re-file in its entirety. Re: #2 Proposed Summons filed by Arlene Bergum, Prushti Dave, Emily Depol, Brianna McKay, Keya Johnigan (jml, COURT STAFF) (Filed on 9/12/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 5 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/26/2022. (jrs, COURT STAFF) (Filed on 9/12/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 4 Civil Cover Sheet by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay . (Finkelstein, Mark) (Filed on 9/12/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 3 Certificate of Interested Entities by Arlene Bergum, Prushti Dave, Emily Depol, Keya Johnigan, Brianna McKay re #1 Complaint, (Finkelstein, Mark) (Filed on 9/12/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 2 Proposed Summons. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons)(Finkelstein, Mark) (Filed on 9/12/2022) [Transferred from California Northern on 12/15/2022.] |
| Filing 1 COMPLAINT against All Defendants with jury demand ( Filing fee $ 402, receipt number ACANDC-17525637.). Filed by Emily Depol, Arlene Bergum, Prushti Dave, Keya Johnigan, Brianna McKay. (Attachments: #1 Exhibit A)(Finkelstein, Mark) (Filed on 9/12/2022) Modified on 9/13/2022 (jml, COURT STAFF). [Transferred from California Northern on 12/15/2022.] |
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