Morales v. Walmart Inc.
| Natalia La Rosa, Phoebe Caneda, Keya Johnigan, Brianna McKay, Emily Depol, Amie Adair, Prushti Dave, Nichelle White, Arlene Bergum and Stephanie Morales |
| Abbott Laboratories, Procter & Gamble Manufacturing Company, SPD Swiss Precision Diagnostics GmBH, Church & Dwight Co. Inc., Target Corporation, Walgreen Co, Alere, CVS Pharmacy Inc. and Walmart Inc, |
| 1:2023cv04917 |
| June 20, 2023 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Kiyo A Matsumoto |
| Taryn A Merkl |
| Nina R Morrison |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 98 Letter to Judge Nina R. Morrison by Amie Adair, Arlene Bergum, Phoebe Caneda, Prushti Dave, Emily Depol, Keya Johnigan, Natalia La Rosa, Brianna McKay, Stephanie Morales, Nichelle White (Quitt, Daniella) |
| Case Reassigned to Judge Nina R. Morrison. Judge Nicholas G. Garaufis no longer assigned to the 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. (AM) |
| Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Taryn A. Merkl no longer assigned to the 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. (AM) |
ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis for all further proceedings. Judge Kiyo A. Matsumoto 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 7/5/2023. (SR)
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| Filing 97 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. (SR) |
| Filing 96 Case transferred in from District of California Southern; Case Number 3:23-cv-00765. Original file certified copy of transfer order and docket sheet received. |
| Notice of Related Case: The Transfer Case Order indicates related case numbers. (SR) |
| The case of Morales v. Walmart Inc., has been transferred from Southern District of California to the Eastern District of New York. The new case number is 23-cv-4917. 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. (SR). |
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Filing 95
Order Granting Joint Motion to Transfer Venue (ECF No. #94 ) Case transferred to District of Eastern District of New York. Files transferred electronically to: *District of Eastern District of New York*.*225 Cadman Plaza East**Brooklyn, NY 11201*. Signed by Judge M. James Lorenz on 06/06/2023. (Attachments: #1 Transfer Order) (All non-registered users served via U.S. Mail Service)(cxl1) [Transferred from California Southern on 6/30/2023.]
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| Filing 94 Joint MOTION to Change Venue to the United States District Court for the Eastern District of New York by Walmart Inc. (Kiser, Livia)Attorney Livia Mc Cammon Kiser added to party Walmart Inc.(pty:dft) (cxl1). [Transferred from California Southern on 6/30/2023.] |
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Filing 93
ORDER of Dismissal (ECF No. #91 ). Signed by Judge M. James Lorenz on 5/30/2023.(alns) (jms). [Transferred from California Southern on 6/30/2023.]
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| Filing 92 RESPONSE TO ORDER TO SHOW CAUSE by Amie Adair, Arlene Bergum, Phoebe Caneda, Prushti Dave, Emily Depol, Keya Johnigan, Natalia La Rosa, Brianna McKay, Stephanie Morales, Nichelle White re #91 Order to Show Cause. (Finkelstein, Mark) (cxl1). [Transferred from California Southern on 6/30/2023.] |
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Filing 91
ORDER TO SHOW CAUSE. Signed by Judge M. James Lorenz on 05/09/2023.(All non-registered users served via U.S. Mail Service)(cxl1) [Transferred from California Southern on 6/30/2023.]
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| Filing 90 MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge M. James Lorenz for all further proceedings. The new case number is 23cv765-L-BGS.(no document attached) (ddf) [Transferred from California Southern on 6/30/2023.] |
| Filing 89 MINUTE ORDER OF RECUSAL. Judge Marilyn L. Huff is no longer assigned. Case reassigned to Judge Roger T. Benitez for all further proceedings. The new case number is 3:23-cv-00765-BEN-BGS.(no document attached) (jrm) [Transferred from California Southern on 6/30/2023.] |
| Filing 88 MINUTE ORDER OF RECUSAL. Judge Anthony J. Battaglia is no longer assigned. Case reassigned to Judge Marilyn L. Huff for all further proceedings. The new case number is 23-cv-0765-H-BGS. (All non-registered users served via U.S. Mail Service) (no document attached) (maq) [Transferred from California Southern on 6/30/2023.] |
| Filing 87 NOTICE of Appearance by Natalie S. Pang on behalf of Amie Adair, Arlene Bergum, Phoebe Caneda, Prushti Dave, Emily Depol, Keya Johnigan, Natalia La Rosa, Brianna McKay, Stephanie Morales, Nichelle White (Pang, Natalie)Attorney Natalie S. Pang added to party Amie Adair(pty:pla), Attorney Natalie S. Pang added to party Arlene Bergum(pty:pla), Attorney Natalie S. Pang added to party Phoebe Caneda (pty:pla), Attorney Natalie S. Pang added to party Prushti Dave(pty:pla), Attorney Natalie S. Pang added to party Emily Depol(pty:pla), Attorney Natalie S. Pang added to party Keya Johnigan(pty:pla), Attorney Natalie S. Pang added to party Natalia La Rosa (pty:pla), Attorney Natalie S. Pang added to party Brianna McKay(pty:pla), Attorney Natalie S. Pang added to party Stephanie Morales(pty:pla), Attorney Natalie S. Pang added to party Nichelle White(pty:pla)(jrm). [Transferred from California Southern on 6/30/2023.] |
| Filing 86 Judge Anthony J. Battaglia and Magistrate Judge Bernard G. Skomal assigned to transfer case from the Eastern District of New York. (no document attached) (jpp) [Transferred from California Southern on 6/30/2023.] |
| Filing 85 Case transferred in from the Eastern District of New York; Case Number 1:22-cv-05435-NRM-JRC. Original file received electronically. [Transferred from California Southern on 6/30/2023.] |
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ORDER. The Court construes Defendant Walmart's request for a pre-motion conference #68 and Plaintiff Morales's response to that request #69 as a motion to transfer venue. See Rule 5.1.4 of Judge Morrison's Individual Rules. Because Plaintiff Morales does not oppose Defendant Walmart's motion to sever the Morales-Walmart claims and transfer them to the Southern District of California, the motion is GRANTED, notwithstanding the remaining Defendants' recommendation #72 that a ruling on Walmart's transfer request be postponed in light of their anticipated motion to dismiss. The Morales-Walmart claims are therefore hereby severed and transferred to the Southern District of California. The Clerk of Court is respectfully directed to terminate Defendant Walmart, Inc. in this matter and transfer the claims as to Defendant Walmart, Inc. to the Southern District of California. Ordered by Judge Nina R. Morrison on 4/26/2023. (BC) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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ORDER. The Court is in receipt of Defendants' request for a pre-motion conference #81 and Plaintiffs' response to that request #83 . Because Plaintiffs, in their letter, identified several ways in which the deficiencies alleged by Defendants can be cured by amendment, the parties shall proceed as follows. Plaintiffs shall file an amended complaint, if they believe one is necessary, on or before May 10, 2023. Defendants' request for a pre-motion conference is therefore denied without prejudice to renew. Within 10 days of Plaintiffs filing their amended complaint, Defendants shall file a letter indicating whether they intend to move to dismiss any parties or claims in the amended complaint and, if so, provide a summary of their grounds for dismissal in accordance with the Court's Individual Rules. In the same letter, Defendants shall propose a briefing schedule for Defendants' motion to dismiss agreed to by both parties (or, if the parties cannot agree, Defendants shall state the parties' respective proposed briefing schedules). Ordered by Judge Nina R. Morrison on 4/26/2023. (BC) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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| Filing 84 Corporate Disclosure Statement by Walgreen Co, Walgreen Co. identifying Corporate Parent Walgreens Boots Alliance, Inc. for Walgreen Co, Walgreen Co.. Associated Cases: 1:22-cv-05435-NRM-JRC, 1:22-cv-07642-NRM-JRC (Schoenberg, Pamela) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 83 Letter to Judge Nina R. Morrison by Amie Adair, Arlene Bergum, Phoebe Caneda, Prushti Dave, Emily Depol, Keya Johnigan, Natalia La Rosa, Brianna McKay, Stephanie Morales, Nichelle White (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 82 Corporate Disclosure Statement by Church & Dwight Co. Inc., Church & Dwight Co., Inc. Associated Cases: 1:22-cv-05435-NRM-JRC, 1:22-cv-07642-NRM-JRC (Vinti, Baldassare) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 81 Letter to Judge Morrison re: Pre-Motion Conference Request by SPD Swiss Precision Diagnostics GmBH (Simon, Norman) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 80 NOTICE of Appearance by Ryan Gander on behalf of SPD Swiss Precision Diagnostics GmBH (aty to be noticed) (Gander, Ryan) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 79 NOTICE of Appearance by Eileen Miriam Patt on behalf of SPD Swiss Precision Diagnostics GmBH (aty to be noticed) (Patt, Eileen) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 78 NOTICE of Appearance by Norman Christopher Simon on behalf of SPD Swiss Precision Diagnostics GmBH (aty to be noticed) (Simon, Norman) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 77 Corporate Disclosure Statement by SPD Swiss Precision Diagnostics GmBH identifying Corporate Parent Procter & Gamble International Operations, SA, Corporate Parent Abbott Switzerland Investments GmbH for SPD Swiss Precision Diagnostics GmBH. (Simon, Norman) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 76 NOTICE by Amie Adair, Arlene Bergum, Phoebe Caneda, Prushti Dave, Emily Depol, Keya Johnigan, Natalia La Rosa, Brianna McKay, Stephanie Morales, Nichelle White OF RULE 41(A)(1)(A)(I) DISMISSAL WITHOUT PREJUDICE AGAINST DEFENDANTS ABBOTT LABORATORIES, ALERE INC., AND PROCTER & GAMBLE MANUFACTURING COMPANY (Quitt, Daniella) (Main Document 76 replaced on 3/24/2023) (IH). [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 75 Letter to Judge Nina R. Morrison by Amie Adair, Arlene Bergum, Phoebe Caneda, Prushti Dave, Emily Depol, Keya Johnigan, Natalia La Rosa, Brianna McKay, Stephanie Morales, Nichelle White (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 74 NOTICE of Appearance by Livia M. Kiser on behalf of Walmart, Inc. (notification declined or already on case) (Kiser, Livia) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 73 NOTICE of Appearance by Ethan Price Davis on behalf of Walmart, Inc. (notification declined or already on case) (Davis, Ethan) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 72 Letter by Abbott Laboratories, Alere, CVS Pharmacy, Inc., Church & Dwight Co., Inc., Procter & Gamble Manufacturing Company, SPD Swiss Precision Diagnostics GmBH, Target Corporation, Walgreen Co. (Simon, Norman) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 71 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16521963. by Walmart, Inc.. (Attachments: #1 Affidavit in support of Motion to Appear Pro Hac Vice, #2 Certificates of Good Standing) (Kiser, Livia) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
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ORDER granting #70 and #71 Motion for Leave to Appear Pro Hac Vice. Attorneys Ethan Price Davis and Livia M. Kiser shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Magistrate Judge James R. Cho on 3/22/2023. (SG) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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| Filing 70 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16517999. by Walmart, Inc.. (Attachments: #1 Affidavit in support of Motion to Appear Pro Hac Vice, #2 Certificates of Good Standing) (Davis, Ethan) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 69 Letter to Judge Nina R. Morrison by Amie Adair, Arlene Bergum, Phoebe Caneda, Prushti Dave, Emily Depol, Keya Johnigan, Natalia La Rosa, Brianna McKay, Stephanie Morales, Nichelle White (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 68 Letter MOTION for pre motion conference regarding Walmart's proposed motion to: (1) sever Plaintiff Morales claims against Walmart for lack of personal jurisdiction pursuant to Rule 21 and transfer venue of the severed claims to the Southern District of California pursuant to 28 U.S.C. 1406(a); or, in the alternative (2) dismiss the case against Walmart for lack of personal jurisdiction under Rule 12(b)(2) by Walmart, Inc.. (Fournier, Kristen) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 67 NOTICE of Appearance by Kristen Renee Fournier on behalf of Walmart, Inc. (aty to be noticed) (Fournier, Kristen) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 66 SUMMONS Returned Executed by Arlene Bergum, Natalia La Rosa, Amie Adair, Phoebe Caneda, Prushti Dave, Stephanie Morales, Nichelle White, Brianna McKay. Walmart, Inc. served on 2/21/2023, answer due 3/14/2023. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 65 Summons Issued as to Abbott Laboratories, Alere, CVS Pharmacy, Inc., Church & Dwight Co., Inc., Procter & Gamble Manufacturing Company, SPD Swiss Precision Diagnostics GmBH, Target Corporation, Walgreen Co., Walmart, Inc. (JC) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 64 Proposed Summons. Re #63 Amended Complaint, by Amie Adair, Arlene Bergum, Phoebe Caneda, Prushti Dave, Emily Depol, Keya Johnigan, Natalia La Rosa, Brianna McKay, Stephanie Morales, Nichelle White (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Incorrect Case/Document/Entry Information. It is the responsibility of counsel to add new appearing parties. The court has deleted and reentered the Amended Complaint and added newly appearing parties. *Please do not refile* (JC) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 63 AMENDED COMPLAINT against Abbott Laboratories, Alere, CVS Pharmacy, Inc., Church & Dwight Co., Inc., Procter & Gamble Manufacturing Company, SPD Swiss Precision Diagnostics GmBH, Target Corporation, Walgreen Co., Walmart, Inc., filed by Arlene Bergum, Natalia La Rosa, Keya Johnigan, Amie Adair, Phoebe Caneda, Prushti Dave, Stephanie Morales, Emily Depol, Nichelle White, Brianna McKay. (Attachments: #1 Exhibit A-CLRA Venue Declaration) (JC) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
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Filing 62
ORDER granting #60 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) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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| Case Consolidated. Associated Cases: 1:22-cv-05435-NRM-JRC, 1:22-cv-07642-NRM-JRC(LK) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 61 MEMORANDUM in Support re #60 Notice of MOTION to Consolidate Cases filed by Phoebe Caneda, Natalia La Rosa. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 60 Notice of MOTION to Consolidate Cases by Phoebe Caneda, Natalia La Rosa. (Attachments: #1 Proposed Order) (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 59 Letter addressed to Magistrate Justice Cho to request an extension of all deadlines in this and the related case, Dave v. Abbott Laboratories by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) Modified to add motion on 1/23/2023 (SG). [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
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ORDER granting #59 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) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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| Filing 58 NOTICE of Appearance by Pamela Lauren Schoenberg on behalf of Walgreen Co. (aty to be noticed) (Schoenberg, Pamela) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 57 NOTICE of Appearance by Qian Jennifer Yang on behalf of Church & Dwight Co., Inc. (aty to be noticed) (Yang, Qian) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 56 NOTICE of Appearance by Jeffrey Hart Warshafsky on behalf of Church & Dwight Co., Inc. (aty to be noticed) (Warshafsky, Jeffrey) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 55 NOTICE of Appearance by Baldassare Vinti on behalf of Church & Dwight Co., Inc. (aty to be noticed) (Vinti, Baldassare) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 54 NOTICE of Appearance by Robert Allen Glunt on behalf of Target Corporation (aty to be noticed) (Glunt, Robert) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 53 NOTICE of Appearance by Evan M. Mandel on behalf of Target Corporation (aty to be noticed) (Mandel, Evan) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 52 NOTICE of Appearance by Robert Allen Glunt on behalf of CVS Pharmacy, Inc. (aty to be noticed) (Glunt, Robert) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 51 NOTICE of Appearance by Evan M. Mandel on behalf of CVS Pharmacy, Inc. (aty to be noticed) (Mandel, Evan) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 50 NOTICE of Appearance by Daniella Quitt on behalf of Phoebe Caneda, Natalia La Rosa (notification declined or already on case) (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 49 APPROVAL re #48 Motion for Refund of Fees Paid Electronically. The over-payment has been verified and the $150 filing fee, Receipt No. ANYEDC-16109948 along with the $150 filing fee, Receipt No. ANYEDC-16109962 are to be refunded. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee- Harris Case Administration Manager on 12/15/2022. (TL) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 48 MOTION for Refund of Fees Paid Electronically for PHV Applications by Phoebe Caneda, Natalia La Rosa. (Attachments: #1 Exhibit A) (Finkelstein, Mark) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 47 NOTICE of Appearance by Rhick Bose on behalf of Abbott Laboratories, Alere (aty to be noticed) (Bose, Rhick) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 46 NOTICE of Appearance by Joshua A. Kipnees on behalf of Abbott Laboratories, Alere (aty to be noticed) (Kipnees, Joshua) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
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ORDER granting Joint MOTION for Extension of Time to File Answer or otherwise respond to the Complaint on behalf of all parties #45 . All defendants shall answer, plead or otherwise respond to the complaint by 1/27/2023. Ordered by Magistrate Judge James R. Cho on 11/23/2022. (SG) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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| Filing 45 Joint MOTION for Extension of Time to File Answer or otherwise respond to the Complaint on behalf of all parties by Abbott Laboratories, Alere. (Cavanaugh, William) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 44 NOTICE of Appearance by Molly Magnuson on behalf of Phoebe Caneda, Natalia La Rosa (notification declined or already on case) (Magnuson, Molly) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 43 NOTICE of Appearance by Brent S. Colasurdo on behalf of Phoebe Caneda, Natalia La Rosa (notification declined or already on case) (Colasurdo, Brent) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 42 NOTICE of Appearance by Mark A. Finkelstein on behalf of Phoebe Caneda, Natalia La Rosa (notification declined or already on case) (Finkelstein, Mark) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 41 NOTICE of Appearance by Peter A. Binkow on behalf of Phoebe Caneda, Natalia La Rosa (notification declined or already on case) (Binkow, Peter) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 40 NOTICE of Appearance by Jonathan M. Rotter on behalf of Phoebe Caneda, Natalia La Rosa (notification declined or already on case) (Rotter, Jonathan) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 39 NOTICE of Appearance by Natalie Pang on behalf of Phoebe Caneda, Natalia La Rosa (notification declined or already on case) (Pang, Natalie) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 38 WAIVER OF SERVICE Returned Executed by Phoebe Caneda, Natalia La Rosa. SPD Swiss Precision Diagnostics GmBH waiver sent on 10/11/2022, answer due 12/10/2022. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 37 WAIVER OF SERVICE Returned Executed by Phoebe Caneda, Natalia La Rosa. Procter & Gamble Manufacturing Company waiver sent on 10/11/2022, answer due 12/10/2022. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 36 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16115100. by Phoebe Caneda, Natalia La Rosa. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Finkelstein, Mark) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
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ORDER granting #34 & #35 Motion for Leave to Appear Pro Hac Vice. Attorneys Brent S. Colasurdo and Molly Magnuson shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 11/7/2022. (SG) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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ORDER granting #36 Motion for Leave to Appear Pro Hac Vice. Attorney Mark A. Finkelstein shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 11/7/2022. (SG) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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| Filing 35 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16110006. by Phoebe Caneda, Natalia La Rosa. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Magnuson, Molly) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 34 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16109865. by Phoebe Caneda, Natalia La Rosa. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Colasurdo, Brent) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
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ORDER granting #31 , #32 , #33 Motion for Leave to Appear Pro Hac Vice. Attorneys Jonathan M. Rotter, Natalie Pang and Peter A. Binkow shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge James R. Cho on 11/1/2022. (SG) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
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| Filing 33 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16093333. by Phoebe Caneda, Natalia La Rosa. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Pang, Natalie) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 32 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16093302. by Phoebe Caneda, Natalia La Rosa. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Binkow, Peter) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 31 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16093241. by Phoebe Caneda, Natalia La Rosa. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Rotter, Jonathan) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 30 WAIVER OF SERVICE Returned Executed by Phoebe Caneda, Natalia La Rosa. Alere waiver sent on 9/20/2022, answer due 11/19/2022. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 29 WAIVER OF SERVICE Returned Executed by Phoebe Caneda, Natalia La Rosa. Abbott Laboratories waiver sent on 9/20/2022, answer due 11/19/2022. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
|
ORDER granting #27 Motion for Extension of Time to Answer. Defendants Abbott Laboratories, CVS Pharmacy, Inc.,Target Corporation, and Walgreen Co. shall answer, move or otherwise respond to the complaint by 11/21/2022. Ordered by Magistrate Judge James R. Cho on 10/21/2022. (SG) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.]
|
| Case Reassigned to Judge Nina Morrison. Judge Rachel P. Kovner no longer assigned to the 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. (AM) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Case Reassigned 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. (AM) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 28 WAIVER OF SERVICE Returned Executed by Phoebe Caneda, Natalia La Rosa. Church & Dwight Co., Inc. waiver sent on 9/20/2022, answer due 11/19/2022. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 27 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Abbott Laboratories, Alere. (Cavanaugh, William) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 26 NOTICE of Appearance by William F. Cavanaugh on behalf of Abbott Laboratories, Alere (aty to be noticed) (Cavanaugh, William) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 25 SUMMONS Returned Executed by Phoebe Caneda, Natalia La Rosa. Walgreen Co. served on 9/29/2022, answer due 10/20/2022. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 24 SUMMONS Returned Executed by Phoebe Caneda, Natalia La Rosa. Target Corporation served on 9/29/2022, answer due 10/20/2022. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 23 SUMMONS Returned Executed by Phoebe Caneda, Natalia La Rosa. CVS Pharmacy, Inc. served on 9/30/2022, answer due 10/21/2022. (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 22 Summons Issued as to All Defendants. (Bowens, Priscilla) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 21 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 20 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 19 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 18 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 17 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 16 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 15 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 14 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 13 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. (Bowens, Priscilla) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 12 Civil Cover Sheet.. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge James R. Cho. 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. (Bowens, Priscilla) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 11 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Additional attachment(s) added on 9/13/2022: #1 Additional Corrections) (Jakubowski, Laura). [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 10 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 9 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 8 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 7 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 6 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 5 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 4 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 3 Proposed Summons. by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 2 Civil Cover Sheet.. Re #1 Complaint, by Phoebe Caneda, Natalia La Rosa (Quitt, Daniella) [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
| Filing 1 COMPLAINT against Abbott Laboratories, Alere, CVS Pharmacy, Inc., Church & Dwight Co., Inc., Procter & Gamble Manufacturing Company, SPD Swiss Precision Diagnostics GmBH, Target Corporation, Walgreen Co. filing fee $ 402, receipt number ANYEDC-15930368 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Natalia La Rosa, Phoebe Caneda. (Quitt, Daniella) Modified on 9/13/2022 (Jakubowski, Laura). [Transferred from New York Eastern on 4/26/2023.] [Transferred from California Southern on 6/30/2023.] |
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